Digitized by the Internet Archive 
in 2010 with funding from 
The Library of Congress 



http://www.archive.org/details/lowercanadawatchOOchis 



lan 



LOWER-CANADA 



W A T C H M A Wt 



Pro Patria. 



BCnsstow, 2a. <^. 



1829, 






'«>\ 






• * < 



• •» • •• 



' «• • • 






James Macfarlane, Printer. 



DEDICATED, 

Without^ither solicitation or permission, 

©reorse, feati of Z^aljouisfe, 

IiATE GOVERNOR-IN-CHIEP 
OF 

BRITISH NORTH AMERICA, 

NOW 

Commander of the Forces 

IN 

INDIA; 

AS A MARK OF THE AUTHOfe'S^^^PRCT FOR 

STERN UNYIELDING PATP.,I0TISM, STRICT 

FIDELITY TO PUBLICK TRUST, AND THE 

GENUINE GENEROSITY OF A BJIAVE 

SOLDIER. 



PREFACE. 



The original publisher of the following pa- 
pers iu the Kingston Chronicle, having 
expressed a wish to collect and republish 
them in a small volume, I willingly embrace 
this opportunity to testify the readiness with 
which I comply with the request of a gentle- 
ian whoki I greatly esteem ; but who seems 
me to possess more ardour for the publick 
*veal than care for private emolument. I 
cannot help adding, that an individual of 
such public spirit deserves well of his coun- 
try. At a time when every other Press was 
mute : at a time when the natural timidity of 
Office shrunk from the scowl of Authority ; 
and when the genius of Cowardice reigned 
triumphant over that Press, this man alone 
had the intrepidity to brave popular ven- 
geance and publick obloquy. He was not, 
and could not, be gagged. He knew that, as 
a man entrusted with the superintendance of 
a periodical Press, he was responsible to his 
country and posterity for a faithful discharge 
of his duties. Having performed these du- 
ties, he is ready to answer for them. 

I have but little to add for myself. The 
task v/hich I have undertaken was in defence 
of the liberties of my country, and ia support 
1* 



VI 



of that Constitution which is a counterpart of 
the noblest production of the mind of man. 
How I have performed this task is not for 
me to determine. But I assure all Canada, 
that there is not an individual within, her 
bounds who is more ardently attached to her 
interests, or more zealously devoted to her 
rights and liberties. I have no motive for 
being oiherwise disposed. I have broke in 
upon private engagements, and disturbed the 
repose and even tenor of domestick life for 
the sake of ray Country. To the best of my 
abilities, I have warned that country of its 
danger ; and it only remains for me to pray 
for its welfare. 

I admit that, in doing so, 1 have made use 
of strong language on various occasions, and 
towards several individuals. But how is in- 
solence to be checked, and public crimes pu- 
nished, but through the medium of persons ? 
Like the assassin and the highway robber, 
they are themselves alone to blame who have 
become obnoxious to publick censure. If/ 
have assumed to myself the scales or the 
sword of justice, it is beeause ray country has 
called me to an ofiice as yet unoccupied by 
an abler man. Therefore, the sentences 
which I have given, are not the decisions of 
a frenzied imagination, nor of an arbitrary 
and vindictive heart; but the plain dictates 
of reason, and the imperative voice of 
the law. I am, or, at least, ought not to be, 
no more obnoxious to odium or personal 
malignity, than theermined Judge who pro- 
nounces doom oil the most abandoned male- 



vn 

- ^qtor. I ba~e not gone in search of vic- 
tims to offended justice. Tliey have volun- 
tarily, presented themselves before me at the 
bauofpablick responsibility. 

I am not a stranger to the cant which has 
of late become so fashionable with respect to 
^strong language; but nothing, be it ever so 
" popular, will ever drive me out of my course, 
if it interfere with the principles of true honor 
^ or the salvation of my country. 1 have ac- 
cordingly used the language which T conceiv- 
ed most applicable to the nature of the work; 
and I feel no conipunctioa for having done so. 

Should the Criticks deign to notice this 
humble production, I beg leave candidly to 
inform them, that though I respect their 
ingenuity, I entertain hut little dread of their 
ill nature. I have declared tow^ards the con- 
clusion of th^ volume, that I wrote neither for 
fame nor pi'oftt. 1 therefore hold myself a- 
menable to no tribunal whatever, save the 
judgment-seat of patriotism and true love of 
British liberty and justice. This is the only 
tribunal that I shall ever respect as a public 
writer ; and to none else shall I ever bow with 
submission. 

Upon the whole, I am not without my 
hopes but this work will produce some good 
effects, even in a country where there is but 
little public opinion, and where the influence 
of the press itself is but feeble and instable. 
I shall therefore conclude in the words of 
Junius : — " When Kings and Ministers are 
forgotten, when the force and direction of 

personal satire is no longer underslood, and 

J** 



VIII 

when measures are only felt in their remotest 
couscqnoncos, this book will, I believe, be 
Ibuud to coutaiQ principles worthy to b^ 
trausmitted to posterity." 

T. L. C. W. 
1st Juae, 1829. 



THE LOWER CANADA WATCHMAN. 

No. I. 

However slightly the circumstances attending 
the dissolution of the late Provincial Parlia- 
ment may have been viewed, and whatever 
degree oliniportance may have been attached 
to the cause of that dissolution, and the unpa- 
ralleled situation of this Province in general, it 
Avas impossible to look forward to the meet- 
ing of a new Parliament otherwise than with 
expectations of the deepest and most fervent 
interest. lu truth, the history of this Pro- 
vince, fertile as it has been of incidents calcu- 
lated to rouse the feelings and excite the pre- 
judices of a mixed and unharmonizing popu- 
lation, never presented a period which can be 
compared to the present, either as to the raag- 
uitude of the prize at stake, or the dangers 
which beset either its attainment or final a- 
bandonraent. It was, therefore, with feelings 
of no ordinary satisfaction that we beheld e- 
veu the most iudiirereutto public affairs look- 
ing forth with an eye of eager anxiety to the 
twentieth of November, the day appointed by 
his Excellency the Governor in Chief for 
meeting the Provincial Parliament. If the 
result has unhappily been found to disap- 
point the real friends of the Country, there 
still remains behind the pleasing consolation, 
that, in a government like ours, the native 
inherent powers of the constitution are suffi- 
ciently sound and healthful to withstand 
whatever attacks may be made upou them 



iO 

either from foreign force or internal corrup- 
tion. 

The style and form of opening our Provin- 
cial Parliaments must be familiar to every 
one; but as it is our intention to preserve 
some record of the one which has just been 
congregated, and to make such remarks 
now and hereafter as its proceedings may 
justify, and the situation of the country may 
require, we shall give a concise but correct 
detail of the proceedings attending the open- 
ing of the first, and we fear the last, session 
of the Thirteenth Provincial Parliament of 
Lower Canada. 

The 23th of Nov. being the day appointed 
for this purpose, the Governor in Chief went 
down in state to the Legislative Council 
Chamber, and being seated on the Throne, 
the gentleman Usher of the Black Rod was 
ordered tc desire the attendance of the house 
of Assembly ; and that house being come up, 
the honorable Speaker of the Legislative 
Council informed them, that he was com- 
manded by bis Excellency to say, that he did 
not think it fit to declare the cause of sum- 
moning this Provincial Parliament until there 
should be a Speaker of the house of Assem- 
bly ; and that it was, therefore, his Excel- 
lency's pleasure, that they should repair to 
the place where their sittings were usually 
held, and there make choice of a fit person to 
be their Speaker, and to present the person 
who should be so chosen to his Excellency 
in that house, the next day at 2 o'clock, for 
his approbation. At the time appointed, 



IJ. 

his Excellency again went down to the 
Legislative Council Chamber, and being 
seated on the Throne, and the Menabers of 
the Assembly being in attendance below the 
Bar, Louis Joseph Papineau, Speaker elect, 
announced that the choice of the Assembly 
had fallen upon him. The usual terms of 
this annunciation we believe to be as fol- 
lows : 

" May it please your Excellency, 

"In obedience to your Excellency's com* 
mands, the house of Assembly of the Province 
of Lower Canada, have proceeded to the 
election of a Speaker, and I am the person 
upon whom has fallen the honour of their 
choice. 

" The extent and importance of the du- 
ties attached to that exalted station being 
far above my powers, and my zeal, however 
ardent, not sufficiently compensating for my 
incapacity, / most respectfully implore the ex- 
cuse and commands of your Excellency.''^ 

On Mr. Papiueau's pronouncing this ha- 
rangue, the hon. Speaker of the Legislative 
Council answered as follows : 
Mr. Papineau, and gentlemen of the Assemhly, 

*' I ana commanded by his Excellency the 
Governor in Chief to inform you that his Ex- 
cellency doth not approve the choice which 
the Assembly have made of a Speaker, and 
in his Majesty's name his Excellency doth 
accordingly now disallow and discharge the 
said choice. 

"And it is his Excellency's pleasure that 
you gentlemen of the Assembly do forthwith 



12 

again repair to the place where the sittings 
of the Assembly are usually held, and there 
make choice of another person to be your 
Speaker — and that you present the person 
who shall be so chosen to his Excellency in 
this House on Friday next at 2 o'clock for 
his approbation. 

"And I ana further directed by his Excel- 
lency to inform you, that as soon as a Spea- 
ker of the Assembly has been chosen with the 
approbation of the Crown, his Excellency 
will lay before the Provincial Parliament 
certain communications upon the present 
state of this Province, which by his Majes- 
ty's express command he has been directed 
to make known to them." 

Though this is the first instance in this 
Province, and, with the exception of one in 
Nova Scotia in 1 806,* the first in British Amer- 
ica, as at present constituted, of the exercise 
of this particular prerogative of the Crown ; 
yet, neither the Country, nor the house of 
Assembly, nor Mr. Papineau himself, beheld 
such an event either unanticipated or with 
surprise. It is true that, with reference to 
the long subsisting and daily increasing Legis- 
lative difficulties of this Province — the pub- 
lic misery and domestic heartburnings in 
which it has for years been involved— the 
necessity which has now become absolute of 
adopting some effectual plan for preserving 
the integrity of the Province — and the gene- 
ral hope entertained that the deliberations of 

* See Appendix No. L 



13 

the new Assembly would lead to some- 
final adjustmeot of our present most unnatu- 
ral and destructive dilemma, induced many 
well-disposed persons to think, that with 
wdiateverjusiice the prerogative of negative 
upon the Speaker of the house of Assembly 
might be exercised in referrence to Mr. Pa- 
pineau, in the event of his being elected, the 
rudeness of the man himself, and the vain 
and insolent folly of bis friends in the Asseni- 
bly, might once more be passed over in si- 
lence as the eJServescence of over-acted party 
zeal, in order to come as speedily as possible 
to some point of adjustment of our protrac- 
ted difficulties. But there are others, and 
we candidly confess ourselves to be one of 
the number, who, witnessing with disgust 
and abliorrence that tissue of loathsome 
defamation, vulgar abuse, mean insolence, 
daring libel, seditious menace, and black- 
guard scurrility, with which the Government 
of this Province, and especially the distin- 
guished individual who represents his Majes- 
ty iti it, have been incessantly assailed for 
some time back, by a party and a set of low 
unprincipled scribblers, of whom Mr. Papi- 
neau has become the head leader, and organ, 
came, without hesitation to the conclusion, 
that, not only would the dignity of Majesty 
itself be compromised, but the very source of 
honour sullied, and of justice corrupted, if 
one of those legal checks, so wisely prescri- 
bed by the constitution, were not at the pro- 
per time put in force against an individual 
w^hen exalted to a situation whicb brought 



14 

him in immediate contact with the objects of 
his abuse and slander. It was, therefore, 
with the most unfeigned and heart-cheering 
satisfaction that this respectable and stable 
majority of all that is sound and healthful iu 
the political constitution of the country, be- 
held the exercise of a prerogative which, 
however much it may be despised, contem- 
ned and rejected by those whose ambition it 
curbs, or whose insolence it destroys, is one 
of the most sacred and unimpaired of all the 
rights and privileges entrusted by tht Consti- 
tution to the King's prudeoce and discretion. 
The tha.iks of the country are due to his Excel- , 
lency for the manly and decisive manner in 
which he exercised the prerogative in question, 
and for that calm tone of dignity and self-pos- 
session with which he placed himself betAveen 
theCrown and one of the most bloated and 
destructive inroads upon government and the 
constitution that ever was devised in a British 
Colony. We have no doubt but the appro- 
bation of the Imperial Government and of 
the Mother Country at large, by whom the 
rights of King and people are better under- 
stood and more liberally interpreted than by 
a certain class of persons in this Province, 
waits so honest and faithful a public servant. 
As to the Speaker elect, it is very evident, 
that, however much he may have endeavour- 
ed on this trying occasion to quell the tu- 
multuous emotions which arose in his soul, 
and to conceal from himself the despicable 
and degrading figure which he cut in the eye 
of his countrvj hs felt the full force of his 



15 

fallen condition. The scene was indeed a 
most humbling one ; and such as no man of 
honor, virtue, or true patriotism, would ever 
wish to be placed in. But perhaps we do 
Bot say too much when we assert, that it was 
an element congenial to the sentiments and 
disposition of Mr. Papineau. This much is 
certain, if we may judge from his past con- 
duct, in which we have never been able to 
discover any thing borderiog on what is 
either great or dignified, that the more he 
embroils himself with the constituted autho- 
rities of the country, and the deeper he in- 
volves himself in the vain and fruitless at- 
tempt to elevate himself by the degradation 
of his betters, the morehis self-complaceocy 
gets the better of his judgment, and the lower 
he sinks in the opinion of those who can 
forma proper estimate of the dignity of hu- 
man nature. There he stood, however, 
under the contemptuous but well-meritted 
ban of his Sovereign, a scathed and misera- 
ble monument of indiscretions and follies, if 
not of political crimes which, for the honour of 
our country and mankind, we would fain con- 
ceal, but which, for the sake of truth and 
justice, it is our duty and intention to make 
as public as the rising and setting of the sun. 
For the present, however, we shall content 
ourselves with the enumeration of such of 
them as we conceive to have been a well- 
grounded reason for denymg to him the ap- 
probation of his Majesty as Speaker of the 
house of Assembly during the present Parlia- 
ment. 



16 

We shall say nothing of Mr. Papineau'a 
anti-British prejudices — of his natural and a- 
vowed antipathy to British customs, manners,, 
language, laws and government ; neither 
shall we trace him into those dark and retired 
circles where bis influence is most felt, and 
bis fiat more readily obeyed. His public 
acts are sufficient for our present purpose. 
Is there then any man in the country who 
does not know, that Mr. Papineau, inherit- 
ing from a long line of ancestry, which he 
himself and his ready scribes and flattering 
satellites throughout the country describe 
as haviag been noble, but which no indi- 
vidual living can trace beyond the limits of 
Dr. Johnson's forefathers, which, notwith- 
standing all his learning, he admitted he 
could not do beyond his grandfather, all 
the prejudices and antipathies natural to so 
obscure au origin, has many years since for- 
med and put himself at the head of a party 
whose sole object it is to create such a dis- 
tinctiou between his Majesty's old and new 
subjects in this Province, as will pave the 
way, if not to their ultimate separation, at 
least to such a state of thiugs as will place in 
the hands of the part;^ in question the entire 
manag-ement and admiuisrration of public 
affairs? With this disgraceful project before 
his eyes, which could scarcely excite the am- 
bition of a Cauihal Caffre Chief, he has never 
ceased, since he has become a public character, 
to pour forth, by means of declamation, as 
tumid as it is insidious and irrational, the 
most dangerous doctrines that can possibly 



17 



he listened to in a Province like this, com- 
posed, as it uufortunately is, of a population 
much divided in political opinions, and the 
majority of which is in a high and alarming 
cleg:ree inflamable when the brand of com- 
motion is applied by a hand whose com- 
munity of birth, language, and manners, is 
tantamount to the imperative voice of legal 
authority. Few countries, however peace- 
ful and happy, but are cursed and disgraced 
by characters of this description ; but in no 
country that we know of is the evil likely to 
produce such destructive aod desolating con- 
sequences as in Lower Cani da,if not chec- 
ked and absolutely put down in pr«/per time. 
Generally speaking, the Demagogues of Eu- 
rope act on their own insolated responsibili- 
ty until their projects are ripe for action, and 
derive no other authority from law or other 
public institutions than is the birthright of 
every member of the community. In this 
Province, however, the case is very different. 
Here, from the peculiar construction of socie- 
ty, our Demagogues, and they are neither 
few nor small, are also our Legislators I Our 
chief Demagogue has been Speaker of the 
house of Assembly for six successive Parlia- 
ments! It is thus that the poor Canadians 
are deceived. — Their simplicity and ignor- 
ance are so great, that they believe Mr. Pa- 
pineau and his bandits to be acting under 
public authority, and with the express ap- 
probation of a constitutional government. — 
None need be told how propitious and ad- 
vantageous such a st^te of things naust be for 



18 

carrying cq the machinations of the party 
opposed to government and headed by Mr. 
Papineau ; nor how dextrous these gentle- 
men are on all occasions, in availing them- 
selves of it. Even the journals of the house 
of Assembly bear witness to the insolence of 
this party, and of Mr. Papineau in particu- 
lar, in defaming and libelling the most neces- 
sary and legal acts of government ; and it is 
equally his disgrace that the walls of Par- 
liament have re-echoed times without num- 
ber declamation the most personally abusive 
of the noble and exalted individual who 
at present administers the government oftho 
Province. Many proofs might be given ia 
support of this assertion ; but we deem it suf- 
ficieat at present to refer the rejider back to 
some debates which took place in the house 
of Assembly in the Session of 1825, when 
the Governor in Chief was in England, and 
with regard to whom expressions are said to 
have been made use of which would disgrace 
the lowest pot-house in Quebec. The reso- 
lutions passed last year in the Assembly, 
with respect to supplies and despatches^ bear 
ample testimony to the contempt with which 
Mr. Papineau and his gang have ever been 
disposed to treat the constitutional communi- 
cations emanating from the present head of 
the Provincial government. 

Out of Parliament, the conduct of Mr. Pa- 
pineau has been equally glaring and uncon- 
stitutional. No sooner was the last Parlia- 
ment prorogued, than he published a Mani- 
festo^ breathing not only revenge and deft- 



19 

ance to the Governor in Chief personally, but 
teeming with a tissue of the grossest prevari- 
cation and the foulest abuse that ever fell from 
the tongue or the pen of any individual of the 
least pretensions to education or genteel so- 
ciety. In that well known production, pub- 
lished in the face of all the laws of decency* 
and every principle of a constitutional go- 
vernment like ours, and rendered eternally 
infamous by the well-applied castigation of 
our friend, a fellow labourer. Delta, Mr. Pa- 
pinoau not only charges his Excellency with, 
altering what was false, in his proroguing 
speech, but the King himself, and the imperi- 
al government, with having confirmed and 
sanctioned an act granting supplies in 1825, 
which they had been actually disallowed 
and disapproved of {;i Council/ 

But there are a few more items in our ac- 
count against Mr. Papineau. Fearing, as he 
had just cause to do, that his own Manifesto 
would not have the effect of rousing what his 
Chief Scribe at Montreal calls the ^'slumbering 
energies of the country,^* he prepared a num- 
ber of resolutions, disapproving of tl>e proro- 
gation of the late Parliament and the gene-» 
ral conduct of the Governor in Chief, which, 
he circulated to his numerous emissaries 
throughout the province ; begging of them 
not to lose a moment in calling public meet- 
ings to adopt these ready made declarations 
of his own and his party's purity, to the 
mter disgrace of the Gowrnor — not the go- 
vernment. In a few places, where the time 
and the vanity of the people exceeded their 



20 

good sense, this brantl of discord took eflect ; 
but to the honour of the people in general, 
and the consternation of Mr. Papineau, this 
■method of embroiling the country in an open 
rupture with the govermueut that protected 
its rights and independence, did not succeed. 
For a time Mr. Papineau was left to his own 
resources; and, in justice to his zeal and ac- 
tivity in the cause of anarchy, it must be ad- 
mitted, that he made the best possible use of 
them. His address and speeches to the e- 
lectors of 31outreal may be placed in com- 
petition with the most chaste and eloquent 
productions of Hunt and Cobbet, for awaken- 
ing the people to a sense of their degradatioa 
imder the present system of things, and in 
inducing them to throw aside that respect, at- 
tachment, and gratitude, which they owe to 
the government under which ihey live, and, 
we have no hesitation to add, live contented 
and happily too. in despite of Mr. Papineau 
and his loatiisome popular harangues. In 
any other country but this, the Husting 
harang:uts of this man would degrade the 
individual who uttered them far beneath 
those venders of eloquence which we so fre- 
quently tind congregated amidst the haunts 
of the w'eaviug and cobbling politicians of 
the manufacturing towns of England. They 
did uoi contain a single patriotic sentiment, 
nor one passage worthy of rehearsal by the 
lowest and most ignorant blockhead that 
stood gaping at theii utterance, if we except, 
and except them we must, in such an inquiry 
as the present, those sublime passages which 



'21 

heaped such a depth of odium and disgrace 
OQ the admininistratoi* of the provincial go-^ 
vernmeot. As to the address of thanks, it in 
oueofthe most unfgj/e thiugs we have ever 
perused. There it stands before us as copied 
into the Canadian Courant, confirmatory, to 
use its own words, of" the sentence ofco7idt}7in- 
natiornvhich has been already -passed by the 
lohole country from end to end against the 
claim of the Executive ;" and the disgrace 
equally of the author and those to whom it is 
addressed. 

One charge more, and we have done for 
the present with such of Mr. Speaker's elect 
delinquencies as legally debar him from 
being the organ of communication with his 
Majesty's representative in either or any 
branch of the legislative body. There are 
three newspapers published in Montreal, 
which we scorn to name, as they are utterly 
beneath even the most contemptuous regard. 
It is the sole business of these journals to 
belch forth every species of abuse and defama- 
tion that w^ords are capable of conveying 
agaiust his Excellency the Governor in Chief 
of this province, in his public as w ell as in his 
private conduct and character. As a proof 
of their outrageous and insolent conduct, the 
anthoisofone and all of them have been 
lately presented by the Grand Jury of the 
District which they contaminate with their 
scandalous vulgarity for libels upon the most 
sacred institutions of civil society. Mr. Pa- 
pineau is the chief patron and supporter of 
all these journals I ! Need we say any more? 



22 

Who DOW, we boldly ask, will dare to 
blame the Governor in Chief for refusing to 
convey bis Majesty's approbation of the 
choice made by the Aessembly of Mr. Papi- 
neau as their Speaker? If there be any 
such, let them take their stand with Mr. Pa- 
pineau and his colleagues, for it is high time 
that the people of this Province should rank 
themselves for or against the constitution, 
that the good may be distinguished from the 
bad, that the loyal may be known from the 
disloyal, and true Britons, known from their 
enemies. 

It is evident that the members of the house 
of Assembly, upon the refusal of the Govern- 
or to sanction the man of their election as 
prolocutor, departed to their own apartment 
under feelings of high and unusual irritation, 
and of this we desire no better proof than the 
tumultuous and disorderly manner in which 
they conducted their proceedings on arriving 
at their usual arena of debate. Their exit 
from the Legislative Council (chamber might 
not inaptly be compared to a pack of tarriers 
just unkenneled with their leashes ready to 
be slipped for the purpose of beginning the 
sports of the day, but who had been in an 
unauspicious moment countermanded by 
their Lord, and sent back to their den how- 
ling with rage and disappointment. And 
there we leave them for the present, intend- 
ing, before we proceed to the investigation of 
their ulterior conduct, to consider the b-isis 
upon which the prerogative of the croAva was 



23 

founded and exercised upon the present oc- 
casion. 

Before doing so, however, we may be per- 
mitted to state, as a piece of antiquarian 
lore, that authors are not agreed either as to 
the period when the Speaker first appeared 
in the house of Commons, or the individual 
who first filled that important and distinguish- 
ed situation. This office, like the constitu- 
tion itself, dawned upon mankind amidst 
those clouds of fe^udal barbarism which still 
hung heavily over England even towards the 
middle of the thirteenth century ; and when, 
like the Astronomy of the Chaldeans, though 
there might be many to study and admire, 
there was no hand to record so invaluable a 
privilege. It is peremptorily stated in the 
Parliamentary history, that Sir Peter de le 
Mare, Knight of the Shire of Herefordshire, 
who was chosen Speaker in the first Parlia- 
ment of Richard II. is the first Speaker on 
record. Yet, upon the authority of the 51st 
of Edward III. 1376. a year before his death 
and the accession of his grandson, Richard 
II. it appears, that Sir Thomas Hungerford, 
is mentioned on the last day of the Parlia- 
ment as being Speaker of the bouse of Com- 
raoDs : The words of the Roll are, 'Qi avoit 
les Paroles fur les Communes d' Engkterrt en 
cest Parlement.'''' In the discussion of this 
point, it seems, however, to be forgotten, 
that in presenting a petition to Edward III. 
to remove from his person the celebrated 
Alice Pierce, the favorite of his dotage, and 
others, Sir Petei' de la Ma^'e appeaned as 



24 

Speaker of the Commons ; and though it is 
asserted that he was not Speaker, ** but a con- 
siderable Knight of Herefordshire, both for 
jprudence and eloquence,^' yet it seems unac- 
countable how he should undertake the du- 
ties of Speaker on so delicate an occasion 
without having been legally inducted in the 
office. Be this as it may upon the death of 
the Black Prince, the favourites were recal- 
led to court, and poor Sir Peter was imprison- 
ed for a twelve month for the discharge of 
the Speaker^ s duty. 

The first instance on record of the exer- 
cise of that branch of the royal prerogative 
which empowers the King to dissallow the' 
choice of Speaker of the house of Commons, 
took place in 1450, and in the reign of Henry 
VI. Sir John Popham was chosen Speaker, 
but his excuse was accepted by the King, 
and he was discharged in these words : — ■ 
" Rex ipsara suam excusationem admisit, et 
ipsum de occupatione predicta exoneravit."* 
On the same day the Commons presented 
William Tresham, Esq. for the same purpose, 
who was allowed. On the 22d of Feb. 1592, 
Sir Edward Coke, in his disabling speech, 
says, " this is only as yet a nomination and no 
election, until your Majesty giveth allowance 
and approbation.^^ 

On the 6ih of March, 1678, the Commons 



* See Appendix No. II. which contains in 
ample detail a host of precedents from such 
authorities as it would be more than Q,uix- 
otick to attempt to combat. 



choise Sir Edward SeymOur, Speaker; but 
on his being presented to the King, — Charles 
II. on the 7th, the Lord Chancellor, by his 
Majesty's command, disapproves of him, and 
directs them to proceed to another choice. 

It appears from Hatsell, who records these 
precedents, that Seymour knew, that it bad 
been determined at a Council tlie night pre- 
vious to the meeting of the Parliament, to 
accept of his excuse, on account of some dis- 
pute he had at the time with Lord Danby, a 
mere minister of the Crown, and in no shape 
representing the King, purposely avoided 
making any, in order to puzzle the Lord 
Chancellor in refusing him. However, it is 
certain, that notwithstanding this stratagem, 
that his election was disapproved of, and 
that he was excused, as above stated, by the 
Lord Chancellor from performing the duties 
of Speaker. The account which the histori- 
an Rapin gives of the whole of this matter is 
worthy of being transcribed and perused at 
length. 

*' The Parliament," says he, " began with 
a warm dispute between the King and the 
Commons, about the choice of a Speaker.— 
The Commons chose Mr. * Edward Sey= 
mour, the King, who knew Seymour, was a 
particular enemy of the Earl of Dauby, re- 
fused his approbation, and ordered the Com- 
mons to proceed to a new choice. The 
House was extremely displeased with this re- 

* He is designed Sir elsewhere. He was 
Treasurer of tiieNavy at thistirne^ 

2** 



26 

fusal, alleging, that it tvas never "known that a 
'person should be excepted against, and ' no 
rtason at all given, and that the thing itself of 
presenting a speaker to the King was hut a 
bare compliment — The King, oa his side, ia- 
sisted qn the approbation or refusal of the 
Speaker when presented to him, as a branch 
of the prerogative. During a six day's dis- 
pute the Commons made several represen- 
tations to the King, to which he gave very 
short answers. At last, as the Commons 
would not desist from what tbey thought 
their right, the King went to the Parliament, 
and prorogued it from the 13th to the 15th ; 
that is, for one day's interval between the 
two Sessions. The Parliament meeting on 
the 15th, the King ordered the Commons to 
proceed to the choice of a Speaker. Then, 
to avoid a revival of the dispute, they chcse 
Mr. William Gregory, Sergeant at Law, who 
'vas approved by the King." 

It thus seems to be the undoubted and inhe- 
rent prerogative of the crown, that, in all 
cases, and under all circumstances, no Spea» 
kercan legally act as such until his election, 
or rather his " nomination,''^ as Coke terms it, 
be approved and confirmed by the King,— 
Our great constitutional lawyer, Blackstone„ 
speaks concisely but decidedly on this point : 
The Speaker of the House of Commons,'^ says 
he, vol. 1. p. 181, " is chosen hy the House^ 
hut MUST he approved hy the King." 

But the question at present at issue is. whe- 
ther this prerogative extends to the King'i 



Kepresentatlves in the Coloi^ies, without be- 
ing specially and in express terms conferred 
by letters patent or by law t So far as re- 
gards these Provinces, the constitution of 
which is modelled with great care and 
precision on that of the Mother Country, the 
best and safest answer that (^n be given to 
this question is, that if His j^lajesty's repre- 
sentative cannot exercise this particular pre- 
rogative in common with those which stand 
on a similar basis, so neither can our Houses 
of Assembly make choice of a Speaker. The 
constitutional act, though it \ authorises the 
Governor lo appoint the Sjpeaker of the 
Legislative Council, is nevertrieless silent as 
to the right of the Assembly to make choice 
of its own Speaker. It may, indeed, be pre- 
sumed, from the twenty -seven§i section of 
that act, that the Assembly are entitled to 
have a Speaker ; but his powers are thereby 
wholly confined, like that of his colleague of 
the Legislative Council, to the casting vote 
in case of an equality of voices. If, there- 
fore, the Assembly have a right, without the 
express authority of the constitution to elect 
a Speaker, surely the Governor, as the re- 
presentative of the King, has an equal right 
to exercise every legal prerogative of the 
Crown, the one in question as well as all the 
rest. The one privilege is contingent upon 
the other ; nor can the one in our system of 
Government, exist without the other. In a 
word, if the Assembly have a right to elect 
a Speaker, the Governor has an equal right 
to coaiirm or reject their nomination as he may 



28 ^ 
think most conducive to his own dignity, and 
tlie interests of tlie country. 

That this special prerogative has been ex- 
tended to, and actually exercised in the 
British Colonies, there cannot be a doubt ia 
the mind of any one who has read their his- 
tory. The Nova- Scotia case before referred 
to, ought to carry great weight along with 
it. There is, however, a more reniarkabe, 
and, perhaps, a stronger case now lying 
before us, the particulars of which we shall 
state in a few words. A short lime after the 
accession of Geo. 1. to the Crown of Great 
Britain, he appointed Colonel Shuie, a highly 
respectable officer, who had served under the 
Duke of Marlborough, to the Government of 
New-EnglunJ. The conduct of Colonel 
Shute was l.ighly meritorious ; but, as has 
almost unifoi'mly been the case with every 
Governor coming to the Colonies, he failed 
in gaining the cordial co-operation of the 
Legislature; and the Assembly gave him so 
much trouble, that he was at last forced to 
carry over to England a complaint against 
them ; a coustituiionul practice which we 
could wish were practiceil more frequently ia 
our own times. Mr. Cook, the agent for the 
llepresentatives complained of, admitted the 
charges to be true, except the second and 
fourth, which consisted of '* Refusing the 
Governors Nesative of the Speaker," and 
" adjourning themselves for more than two 
days at a time." With respect to these two 
articles not acknowledged, an '-rplanatory 
charter was made out ia the 12th ^of Geo. 



29 

n. which contHins the following cifSuse— - 
♦' Whereas, in their Charter nothing is di- 
rected concerning a Speaker of the Rouse 
of Representatives, and of their adjourning 
themslves, it is herehy ordered, that the Go- 
vernor or Commander in Chief shall have 
a NEGATIVE in the election of the Speaker; 
and the House of Representatives may ad- 
journ themselves not exceeding two dars at 
a time." 

But we find that we must postpone the 
further consideration of this very important 
question till our next. 



No. II. 

The niain object of our last was to establish, 
by precedents, usage, and history, the unin- 
terrupted existence till this day of one of the 
most ancient prerogatives of the Crown — the 
power of confirming or rejecting the indivi- 
dual nominated by the House of Commons as 
its Speaker ; and, by consequence, the right 
of the King's Representative not only in this, 
but in every other British Province in the 
enjoyuneat of a representative government, to 
exercise similar prerogatives. This import- 
ant constitutional point established, our pur- 
pose at present is to enquire, not whether—' 
for that can never be made a question in the 
mind of any one who has studied the British 
Constitution for an hour — but how deeply and 
dangerously the majority of the House of As- 
sembly of this Province have involved them-> 
selves iu au attempt to abrogate a preroga- 
tive, which, although the factious spirit of 
party may have sometimes repelled and ques- 
tioned it, has never been abrogated in that 
country and government from which we not 
only have received our political existence, but 
profess to borrow every constitutional maxim 
necessary to the preservation of so popular, 
but so permanent a species of government, 
la order, however, to avoid all recurrence 



31 

in future to a right established on so firm, 
and, we hope, so lasting a basis, and which 
no man will ever dare to question except he 
who is ready to combat every principle of 
good government, we deem it necessary to 
put down in this place such additional proofs 
and precedentsof the existence of the prero- 
gative in question, as the industry of our con- 
temporaries and our own researches have 
placed at our command. We shall thea 
discuss the matter fully armed ; and think 
that by bringing the facts and reasoning of 
the one side into visible, direct, full, and de- 
cisive conflict with the other, we shall be 
able to withdraw from the contest with all 
the laurels that can be won in such a field of 
controversy. 

We have already given at length Rapin's 
account of the circumstances which attended 
the election and rejection as Speaker, of 
Seymour, in 1678. Hume's account of them 
is equally interesting, and uo less worthy of 
perusal : 

But the King soon found that, notwith- 
standing this precaution, notwithstanding his 
concurrence of the prosecution of the Popish 
plot, notwithstanding the zeal which he ex- 
pressed, and even at this time exercised a- 
gainst the Catholics, he had nowise obtained 
the confidence of his Parliament. 

" The refractory humour of the Lower 
House appeared in the very first step which 
they took upon their assembling. It had 
ever been usual for the commons in the se- 
lection of their Speaker to consult the iucii- 



32 

aations of their Sovereign, and even the long 
Parliament io 1641 had not thought proper- 
to depart from so established a custom. The 
King now desired that the choice should 
fall on Sir Thomas Meres ; but Seymour, 
Speaker to the last Parliament, was instantly 
called to the Chair, by a vote which seemed 
unanimous. The King, when Seymour was 
presented to him for his approbation, reject- 
ed him and ordered the Cora; onsto proceed 
to '<; new choice. A great flame was excited. 
The Commons maintained that the King's ap- 
probation was merely a matter of form, and 
that he could not, without giving a reason, 
reject the Speaker chosen. The King, that, 
since he had the power of rejecting, he 
might, if he pleased, keep the reason in his 
own breast. As the question had never been 
before started, it might seem difficult to find 
principles upon which it could be decided. 
By way of compromise it \vas agreed to set 
aside both candidates. Gregory, a Lawyer, 
was chosen, and the election was ratified by 
the King. It has ever since been understood 
that the choice of the Speaker lies in the 
House, but that the King retains the power 
of rejecting any person disagreeable to him." 
^Pocket Edition, Vol. IX. p. 238. 

The Notes subjoined to this text are very 
important : — " In 1566 the Speaker said to 
Q,ueen Elizabeth, that without her allowance 
the oleciioo of the House was of no signifi- 
cance.— D' Ewes' Journal, p. 97. In the 
Parliament of 1592— 93, the Speaker, who 
was Sir Edward Coke, advances a like po- 



33 

siiion.—D'' Eives, p. 459. Townshend, p. 35. 
So that this pretension of the Commons" — 
that is, of persistiog in their choice * >f Speak- 
er — "seems to have been somewhat new ; 
like many other powers and privileg,es." 
Bolingbroke, writing of these times, accounts 
in a manner for the usurpations of the Com- 
mons in Seymour's case, by saying of the 
Commons—" that they lost their temper oa 
some particular occasions must not be denied. 
They were men, and therefore frail." 

We copy the following cases from the 
Q,wibec Mercury and the Montreal Gazette, by 
Authority. 

Woodeson says, (vol. !. p. 57,) *' The 
Commons cannot sit without a Speaker af- 
ter their first meeting," and this is also laid 
down in the 4th Institutes, pp. 7 and 8. 

In the mode of appointing the Speaker, 
some change has taken place since the revo- 
lution, but the leading principle that the 
Royal approval is necessary to give effect to 
the choice of the Commons, has never been 
disputed. 

The manner of electing the Speaker is ex- 
plained by Whitelock, vol, 1. p. 224. 

" Then the Commons repayre to their 
house, and usually some of the members be- 
fore acquainted with the King's mind doth 
nominate one among them to be chosen for 
their Speaker whereon there is seldom con- 
tradiction. Coke saith (4 Inst. p. 8) that af- 
ter their choice the King may refuse him, 
and that the course is, for avoiding expense 
cf time and contest, as m the Conge d'Elsre 



34 

of a Bishop, tbat tlie King doth uarae a dis- 
creet and learned man whom the Commons 
elect ; he adds that the Speaker is so neces- 
sary that the House of Commons cannot sit 
without him.''— JFhitelock, vol. 1. p. 224. 

" In 1778—79, on the meeting of the then 
new Parliament, Charles Wolfran Cornwall, 
Esq. was proposed by Lord North as Speak- 
er, in preference to Sir Fletcher Norton 
(afterwards the first Lord Grantley,) who 
had filled that office during the preceding 
Parliament, and Lord North gave as one of 
the reasons for this extraordinary step, that 
it would be useless to elect Sir Fletcher, in- 
asmuch as he was personally obnoxious to" 
the Sovereign, and that this feeling would 
operate as a cause for his rejection and dis- 
allowance. The event is familiar to every 
one acquainted with the Parliamentary an- 
nals of that period, and is therefore unneces- 
sary for us to lengthen our remarks with the 
cause of the objection to Sir Fletcher. In 
consequence of this intimation from the Mi- 
nister and perhaps for other motives, Mr. 
Cornwall was chosen, and afterwards allow- 
ed." 

We are indebted to the Quebec Official 
Gazeffe, for the following important informa- 
tion. The Nova-Scotia case alluded to, in 
conjunction with the New England one de- 
tailed in our last, forms a remarkable con- 
necting link between the mother country and 
the Colonies in regard to tliis royal preroga- 
tive. 

"■ Just one hundred years ago, Speaker 



35 



Onslow, when lie was elected by the Cora- 
mons to that Chair which he filled for 33 
years with unequalled ability, and in which, 
says Hatsell, the distinguishing feature cf 
his conduct was ' a regard and veneration for 
the British Constitution as it was declared 
and established at the revolution,' this emi- 
nent Pariiaraentary authority thus addressed 
bis Sovereign, ' Happy is it, Sir, for your 
Conamons, th'dty our jyjajestij''s clisapfrGhation 
will give thera an opportunity to reconsider 
what they have done. I am therefore to im- 
plore your Majesty to command your Com- 
mons to do what they can very easily per- 
form, to make choice of another person more 
proper for them to present to your Majesty.' 
" In Nova-Scotia, in the year 1806, a 
Speaker chosen by the Assembly was disap- 
proved by the then Lieutenant Governor ; the 
Assembly proceeded to another election and 
chose the other candidate who had been be- 
fore unsuccessful, but who was more accept- 
able to the Governor, and was accordingly 
approved. The only notice which the As- 
sembly thought it proper to take of this re- 
jection, was in the following paragraph of 
their address in answer to the Speech : 
While we lament that your Excellency has 
been pleased to exercise a branch of His 
Majesty's prerogative long unused in Great 
Britain, and without precedent in this Pro- 
vince, we beg leave to assure your Excellen- 
cy that we shall not fail to cultivate a good 
understanding," &c. &c.* 



See again Appendix No. 1. 



36 

It DOW becomes our painful but necessary 
duty to detail the conduct and question the 
right of the House of Assembly in refusing to 
acknowledge the exercise on the part of the 
Crown of this prerogative, established, as we 
have seen it has been, on the same basis and 
by the same authority as the most sacred 
privileges claimed by the Assembly itself. 

When the Assembly returned to the Cham- 
ber of its deliberations, in obedience to tho 
directions of the Governor in Chief, the 
Speaker elect, contrary to all precedents, es- 
pecially the remarkable one of Sir Edward 
Seymour, who did not assume fhe chair, and 
as if that were necessary to fill to the brim 
the cup of his hostile feelings, insolence and 
malignity Jtowards the King's representative, 
to whom, for once at least, he was compelled 
to succumb, took, without any hesitation, the 
chair, and caused the mace to be laid on the 
table. Nor could the voice of the constitu- 
tion, declared by several members of the 
House in a manner that might force convic- 
tion upon any understanding but his own, pre- 
vail upon him to retire from it, until he had 
intimated to the House the terms in which his 
election as Speaker was disapproved of by 
the Governor in Chief ; thus rendering him- 
self in the eyes and the ears of his country 
the herald of his own degradation and down- 
fall. No man possessed of a spark of mo- 
desty, or the least notion of thut respect cul- 
tivated by every man of honour and virtue 
towards the constituted authorities of his 
couQtrj could ever have assumed a statioa 



37 

fit only for brass or marble. But Mr. Papi- 
neau differs from other men on a variety of 
subjects -, but on none more than that great 
and useful maxim of private and public so- 
ciety, which enjoins a respect for others by a 
diffident respect of ourselves. Sir Edward 
Seymour's example might, in this instance at 
least, be followed to great, creditable, and 
lasting advantage. 

We stated in our last that the debate which 
took place on the return of the Assembly to 
its own place of sittings, so far as regarded 
the majority, was tumultuary and uncon- 
stitutional. This has since been denied ; but 
the denial came from a source unworthy of 
a moment's hearing, when the united voice of 
our contemporaries and of many respectable 
individuals present, loudly and emphatically 
declare otherwise. It is, therefore, unworthy 
of being detailed at length in this place, 
though, in the sequel, some of the principles 
laid down in it may be adverted to, in order 
to be confuted. We shall here content our- 
selves with what may be termed the official 
results of this debate; and the first before us 
is the resolutions proposed to the House by 
Mr. Cuvillier — ^resolutions If-hich, from the 
information we have received, and many 
concurring circumstances, we have no hesita- 
tion to assert, were prepared at Montreal 
long previous to that and the other member's 
simultaneous embarkation for Quebec, in 
the full anticipation of Mr. Papineau's rejec- 
tion as speaker elect, by the Governor in 
Chief. These resolutions will long be 
3 



In remembrance, no less on account of the 
studied strain of insult in which they are 
couched with respect to the King's repre- 
sentative, than for the daring novelty, gross 
ignorance, presumptive insolence, and mena- 
cing unconstitutional principles which, from 
end to end pervade the whole. 
" Resolved : — 

"1® That it is necessary for the dis- 
charge of the duties imposed upon this House, 
viz : to give its advice to His Majesty in the 
enactment of Laws for the peace, welfare, 
and good government of the Province, con- 
formably to the Act of the British Parlia- 
ment under which it is constituted and as- 
sembled, that the Speaker be a person of its 
free choice independently of the will and 
pleasm-e of the person entrusted by His Ma- 
jesty with the administration of the local 
Government for the time being. 

«< 2 ® That Louis Joseph Papineau, one of 
the Members of this House, who has served 
as Speaker in six successive Parliaments, 
has been duly chosen by this House to be its 
Speaker in the present Parliament. 

*' 3 ® That the act of the Pritish Parlia- 
ment under which this House is constituted 
and assembled, does not require the approval 
of such person so chosen as Speaker by the 
person administering the Government of this 
Province in the marae of His Majesty. 

«t 4 o That the presenting of the person so 
elected as Speaker to the King's Represent- 
ative for approval is founded on usage only, 
and that such approval is and has always 
been a matter of course. 



>' 5 ® That this House doth persist in its 
choice, and that the said Louis Joseph Pa- 
pineau, Esq. ought to be and is its Speaker.'" 

These Resolutions, after an interval of 
adjournment, having been sanctioned and 
agreed to by a majority of thirty-nine to 
four, the following address to His Excellency, 
copied from that which the Commons pre- 
sented to the King in Seymour's case, ia 
1678, was voted, and a committee appointed 
to wait on His Excellency to learn when 
he would be pleased to receive it. 

" May it please your Excellency, 

" We, His Majesty's dutiful and loyal sub- 
jects, the Assembly of Lower Canada, in 
Provincial Parliament assembled, having 
taken into our most serious consideration the 
communication made to us by the Speaker 
of the Legislative Council, by order of youi' 
Excellency, respecting our choice of a 
Speaker, humbly request your Excellency to 
be fully assured that we sincerely respect the 
rights of His Majesty and his Royal prero- 
gative, which we acknowledge to be annexed 
to His Imperial Crown for the benefit and 
protection of his people. We are fully as- 
sured that your Excellency could intend no- 
thing which could destroy or diminish our 
constitutional privileges, without which we 
cannot fulfil our important duties towards his 
Majesty and his people of this Province, and 
in this persuasion we in all humility submit 
to your Excellency that it is the incontesti- 
ble.ight of the Commons of this Province 
to have the free election of one of their mem- 



40 

bers to be their Speaker, and perform the 
duy of their House ; that the speaker so e- 
lecied and afterwards presented to the 
King's Representative, according to usage, 
ought always by uniform practice to be con- 
tinued as Speaker, and fulfil his office as such, 
unless he be therefrom excused from corpo- 
real infirmity, alleged by himself or on his 
behalf in full Provincial Parliament , that, 
accordiug to that usage, Louis Joseph Papi- 
neau, Esq. has been duly elected, and chosen 
in coDsideratien of his great ability and fit- 
ness, of which we have had experience dur- 
ing several Parliaments, and has been hy us 
presented to your Excellency as a person 
worthy our confidence, and who we conceiv- 
ed \\ ould be agreeable to your Excellency ; 
for %vhich reasons we humbly hope that your 
Excellency, after having considered the old 
pr-^cedeots, would be pleased to remain sa- 
tisfied with our proceedings and net deprive 
us of the services of ihe said Louis Joseph 
Papineau as our Speaker, but, that your Ex- 
cellency would be pleased to give us a favor- 
able answer, such as His Majesty and His 
royal predecessors have ever given to their 
faithful Commons in such case, in order that 
we may be enabled to proceed without fur- 
ther delay to the disjaatch of the important 
and arduous affairs for which we are con- 
voked in which we hope to give con- 
vincing proofs of our affection for the King's 
service, and of our solicitude for the peace 
and welfare of the Province." 

The firm and constitutional determination 
of his Excellency ia refusing to recognize 



41 

either the House of Assembly or their mes= 
senders UDtil the House should be lej^.dly con- 
stituted by the appointment of a Speaker ap- 
proved by the Crown, and his subsequent 
prorogation of the Parliament, rather than 
be longer menaced and insulted by a despe- 
rate and enraged party, whose characteristic 
it has ever been to bear none in power but 
themselves, closed this remarkable scene ; a 
scene which, for headlong fury and determin- 
ed violation of a fundamental principle of 
the constitution, is unparalleled in the history 
of every British colony, save those which 
have shaken off the supremacy of the Mother 
country. We scarcely know one principle 
of the constitution where an assault would 
be attended with more alarming consequen- 
ces than the one which has thus been assail- 
ed, if not resolutely defended and repulsed as 
it has been on the present occasion. If this 
point were once taken by force or tamely 
surrendered, the whole fabrick would fall to 
the ground. If his Excellency had given 
way at this point, there is scarcely another 
point within the whole compass of the edi- 
fice committed to his care at which he could 
make a stand. The peculiar construction of 
our constitution very frequently renders its 
defence a task requiring no ordinary powers 
of intellect and presence of mind. But its 
tacticks are fortunately for us very simple. 
They consist only of a steady and undevia- 
ting adherence to the rules laid down, and 
a resolute determination on the part of those 
entrusted with its maintenance, King as well 
3* 



42 



£is people, never to yield any single ou& of 
its kuowQ and practised rights wits'out the 
unauimous consent of all interested. Now, 
to follow out the simile, Avheu a certain sys- 
tem of defence has been successful! .- practi- 
sed for a series of years, and has been found 
to secure us against encroachments of what- 
soever nature, whether of popular excesses 
on the one hand, or of sovereign despotism 
on the other, does it not consist with reason, 
with fortitude, and, above all, with true 
patriotism, that the same system should be 
persevered in, either until it has been found 
useless, or until another and a better one has 
been adopted by the unanimous consent of all 
concerned ? Shall we then blame the in- 
dividual, or the setpf individuals, who, bound 
by authority and law to follow the plans 
laid down before them, refuse to saucuoa 
the schemes of the first bold usurper who 
takes it into his head to violate the first prin- 
ciples of our social compact? In one word, 
is it to be endured, that either the King's 
Kepresentative or the House of Assembly, 
jio matter from what motives, may establish 
for themselves at every meeting of the Legis- 
lature, a new system of procedure neither 
sanctioned by our constitution, nor practised 
in tl:iat country by which we not only affect, 
but are bound to be guided in every thing 
that concerns our public welfare ? As for 
the King's Representative, we think that we 
are quite safe in assertiug, that he has never 
hitherio overstepped t!je bounds of any one of 
those rights and prerogatives with which he 



- 43 

is eutrusted, and may with equal safety ex- 
press our coofideDce, that he never shall he 
fouod to do so. We regret that we cannot 
say as much for the House of Assembly. — 
We have not exactly arrived at that point of 
the present enquiry at which we have deter- 
mined to investigate such parts of their con- 
duct as have been deemed unconstitutional ; 
but'if we may judge of the future by the past, 
the sooner their career of usurpation shall 
have been arrested, the happier and the bet- 
ter for the country. Of late their progress 
in iniquity has indeed experienced a few 
checks ; but the misfortune is, that these 
checks, though they may serve to ward off 
from time to time the impending blow, and 
pi-event the citadel from being sacked by the 
enemy, are, nevertheless, but the partial 
sallies of a brave and resolute Governor cal- 
culated only to preserve his charge from des- 
truction until the arrival of a more potent 
force from the Mother country. Nor need 
we fear that this assistance will be long in 
arriving. The general misfortunes of the 
Province demand it ; and the people call 
aloud for assistance, and a termiu;' ion to a 
statrf of politcal anarchy which must end in 
their ruin, if not, once for all, destroyed. — 
Meanwhile, let us proceed to a more minute 
examination of the question now at issue, 
which is one equally interesting to Govern- 
ment and people. We find, however, that 
we must postpone this investigation till our 
next number ; the present having swelled 
into a prolixity which we did not anticipate. 



No. III. 

It is of the last import;tace ia all constitu- 
tional tliscussioQs or political disputes, that 
proper ootioDs be eutertaioed noi only of the 
subject luatier of debate, but the source nhmce 
it sprung, and the consequences to uliicli it 
nip.y lead ; otherwise, the comliatants will 
eternally be floundering iu a path that will 
never bring them to a proper uuderstandiag 
or amicable adjustnient of their differences. 
It is true, indeed, that it is seldom wc find 
political disputants travelling on the s<«mc 
road towards the attainaient of their objects ; 
sonae take a short and more direct way, 
while others imagine that a circuitous, though 
the longest, is always the surest route to the 
cud in view. But there ought, and there 
ever must be a starting point ; and it is 
principally on this that the fairness of the 
race and the value of the prize will depend. 
If there be no legitimate starting point, there 
can be no legal winning one ; and the parties 
must return to their original stRti(<ns, with 
110 other advantage than a little experience of 
the folly of setting out iu the dark without a 
sufficient knowledge of their ground, and aa 
expenditure of some pufBng and blowing 
from fatigue, the consequence of ever exer- 
tion. H-u\ the House of Assi-mbiy been a9 
iveil aware as they probably are by this time, 



43 

of the eg;reu;ious picsuniptiou and lolly ot 
ein!>:iikin^ in a crusude ai^aitis-t the proro^a- 
livesoftho Crowu, witliout either a star or 
com|> iss to guide thera ou their dangerous 
voyage, it is reasouahlo to thiuk they never 
woul i liave launched in such a tumultuary 
ma 1 I'-T, itiid have placed at their head an 
individual who had already exliibiiod such 
glaring proots of his iuc.ipacity to dischargo 
with credit to himself, or profit to his coun- 
try, rhe important duties of so hi^h and dis- 
tinguished a stmion. — 'They never would 
havo placed at thtnrhead an individual who, 
instead of being a mediator, became a par- 
tisan in the contest — who, instead of assist- 
ing with might and main to guide the vessel 
of the state into some safe heaven or com- 
modious ha.bour, lent all the powers and 
faculties of his mind to lead her out of the 
proper course into the irresistible current of 
popular commotion, there to drift with the 
tide, and be finally sunk or shattered to 
pieces amidst the rocks and quicksands of 
overwl'dming anarchy ; who, instead of 
being the bearer of the fair flag of truce and 
peace, hoisted the banner of exterminatory 
hostilities, and, to use the forcible language 
of i>[r. A. Stuart — language, to which we re- 
gret to say littlejustice was done in the re- 
ports of our contemporaries \vho ha<l the 
>V'ord *' ^^'ar'' imprinted on his forehead ; 
and who, to complete ihe climax, instea<l of 
beii5g t!ie amiable herald ofpeacc and tran- 
quility, iluug far assuiider the portals of 



4G 

Janus that the whole country might* enter 
and arm for the appioachiug contest. The 
Assembly, however, like all other hein?s, 
^vhose ambitions projects render them obnox- 
iou."? to the dictates of reason, convinced them- 
selves in their fury, that might was right; 
and, accordingly, set out on their career of 
foolish and usurping errantry, without know- 
ing whence they started, or wliithor they 
were going. It will therefore l)c our busi- 
ness in this chapter to concentrate all par- 
ties on the ground of their original existence 
as a constitutional body, being the only 
means of ascertaining how far ^hey have 
deviated from the courses laid down on that 
chart which they are all so willing to recog- 
nize as the rule of their conduct, and the ba- 
sis of our political superstructure. Fortius 
end we shall take a cursory glance of the 
royal prerogative, as settled at the revolu- 
tion of 1688, an era to which no political 
writer can possibly object, whatever his 
principles or aims maybe. We shall then 
inquire shortly how far the constitution of 
Canada is modelled on that of Great Britain, 
as settled at the era alluded to, and by that 
means ascertain how far the Province has 
deviated from or adhered to the practice of 
the metropolitan state, taking principally as 
our text the resolutions proposed by Mr. 
Cuvillitr, and passed by the majority of th# 
Assembly. 

By the word prerogative, says Blackstone, 



* See Appendix No. '3. 



we usually understaudthatspecl.il pie-emi' 
nen^ e, which the Kiug hath, over and ahove 
all other persons, and out of the ordinary 
course of the common law. It signifies, in 
its etymology, (from prae and rogo) some- 
thin;; tiiat IS required or derpMnded before, or 
in preference to, all others. And hence it 
follows, that it must be in its nature singular 
and eccentrical ; that it can only be applied 
to those rights and capacities which the 
King enjoys alone, in c-mtradistinction to 
others, and not to those which he enjoys in 
common with any of his subjects : for if any 
one prerogative of the Crown could be held 
in c nmon with the subject, it would cease 
to b"? .prerogative any longer. One &f tho 
princi[)'ii bulwarks of the British Constitu- 
tion was the limitation of tho King's preroga- 
tive by bounds so certain and notorious, that 
it is impossible he should over exceed thera, 
wit''out the consent of the people, on the one 
hand ; or w ithout, on the other, a violation 
of that origiual cviiitract, Wiiich in all states 
impliedly, and in ours most expressly, srb- 
sists between the prince and the subject. 
The great end of the revolution which placed 
WilliHm and Mary upon the throne, was the 
rep;irniion and final establishment of this 
bulwark, which had fallen into almost irre- 
parable decay by the tyrannical encroach- 
ments of the Stuart's. VVhen the new mon- 
arch ascended tbr. throne, he found himself 
in possession of aii-ple, but well dofinrd pre- 
rog 'iv^^i ; o ) am 'le, that they CiMii.ilned 
every power consistent with the splendour, 



4S 



iVifiuity, aiul authority of tho regal fuuciions, 
aiK so well definou, llint nothing hui the 
lUi I uuwarrniitahic protensious to tlc&p«»tic 
])o\\ei- ou iho part ol the Sovereign, or the 
niosiunjustifiahle usurpations ou the part of 
th< peo|)lo, couUl leail to a viohiiiou of them. 
\\'o shall not at present speak of them iu 
their utmost hounds, buieoufine ourselves to 
a general allusion to them iu their politieal 
or legislative eharactor. 'JMie King can 
convoke, ailjourn, prorogue, ami dissolve 
Parliament at his pleasme. He is a consti- 
tuent part of the supreme legislative power ; 
anil, as such, has tho prerogative of rtjecting 
such provisions iu pailiamcnt as be may 
judge improper to be passed. He is the 
fountain ofjustice and general conservator 
ofiiie peace of the kingilom. He is the 
fountam of honour of ollice and of privilege. 
He j)ossesses the right of cltt>osiug his ouo 
council, and of nominating all tho great 
ollicers of the state. In tho exercise of these 
prerogatives, the King is irresistible aud ab- 
solute, according to tiie forms of the constitu- 
tion ; *• for otherwise," adds Blackstone, 
" tne power of the Crown would indeed be 
but a name and a shadow, iu>utUeieut for the 
ends of government, if, wliere its J risdiclion 
is c eorlij tstabliskeil ami olloivtil, any man, or 
hodij 0/ men, were permitted to disobey it, ia 
the ordinary course of law ." 

The customs and usages of Parliament, 
previous to tlie revolution, must have h( eu 
too well known and too geuerallv prnetised 
to lead us to suppose, that if they coutaiuetl 



49 

any tliiug prcjiulicial to the interests, or at 
variance, with the lipjhts of the people or 
their representatives, they sht)uhl not at that 
eventful perioil, which pre>euted the fairest 
opportunity that ever occurred for doing 
themselves justice, be retrenched or totally 
cancelled. Yet, in the thrteen incinorablo 
coudiiious made hy the Lorils S|>iritiial and 
Temporal,. and Commons v/ilh the Prince 
and Princess of Orange, not one is to bo 
found tleclaratory of the rig;hts and privi- 
Ici^es of Parliament, as a pnrlictinerit. except 
► the ninth, which declares, '* That the fretilom 
of ap'jech, ant debates, or proceedings in Par- 
lianunt, ought not to be impeached or ques- 
tionadin tin>/ co irt or place out ofFarliam-nt.''' 
It is. therefore, very evident, that if all the 
other privileges peculiar to the commons, 
Buch as the freedom from arrest, the ri^lit to 
arrest, and punish such as impeached or 
questioneil their proceedings and the fiomi- 
uation and final appointment of Speaker, 
were iuliereutiu t'leir own body, without any 
reference whatever to the crown, such inher- 
ent rigiits and privileges would be declared 
and insisted on in the Bill of Rights, along 
with the assertion of all their other ancient 
rights and liberties. This, however, they 
did not do ; and whether it is totherr wisiloni 
or their folly that we are indebted for the 
perpetuation of a prerogative as ancient as 
their own constitutional existence, it is not 
for us or even a branch of the legislatiu-c, to 
impugn it until duly abrogated by the united 
legislative authority of the state. The ucw 



50 

monarch, to use the words of Smollett, re- 
tained ihf old re«^al power over parliament 
in its full extent ; and, so far as the particu- 
lar prerogative in question is concerned, has 
handed itdown to his successors unimpaired 
and unimpeached. There cannot be a stron- 
ger proof of the intention, if not the determi- 
nation, of parliament to continue the old 
customs, with respect to the source and ex- 
ercise of its privileges, than what took place 
at the revolution. When the convention 
parliament met and chos? its Speakers — the 
Marquis of Halifax by the Peers, and Mr. 
Henry Powle by the Commons — there was 
no authority in the Kingdom to confirm such 
elections ; the source of all public offices and 
employments having ceased to flow in con- 
sequence of the desertion of the ill-fated 
James, the last monarch of the ill-fated 
Stuarts. But the instant that the conven- 
tion was converted into a parliament, or, at 
all events, as soon as the new parliament 
met, the old customs and usages of parlia- 
ment were resorted to. though William was 
no great stickler for prerogative, provided 
the means were furnished for carrying into 
effect his warlike and foreign projects. As 
usual, the Speaker of the House of Lords 
■was appointed by the King ; and he of the 
Commons, though nominated by that body, 
could not act until confirmed by the same 
autiiority. The Commons by the mouth of 
their Speaker thus approved of, demanded 
■ their ancient privileges ; and, upon conipar- 
ing the proceedings of parliament at each 



51 

new meeting after the revolution with those 
prior to it, it was found that no alteration or 
innovation whatever had been . lade upou 
them. 

It is, tliercfore, highly foolish, stupid and 
absurd, to assert, that the current, of these 
usages, which has flown in one uninterrupted 
channel from the revolution down to the 
present time, gathering additional force and 
strength in its course, can be diverted at tho 
pleasure of any one branch of the legisla- 
ture without the consent of the whole. These 
usages now form part and parcel of the con- 
stitution. They are as deeply injirafted on 
the King's prerogative as the right to call 
together, prorogue, and dissolve parliament 
itself. No power can annul them except the 
united voice of parliament in all its consti- 
tuent parts. The Commons will not. and 
dare not attempt it on their o^^ n strength ; 
and we all know, that thougli tho Commons 
have the right to maintain, they have no 
power to alter or destroy the constitution. 
Besides, the Speaker of the Commons, with 
regard to whose nomination and confirma- 
tion our present inquiries arc principally di- 
rected, is a magisterial and judicial ollicep ; 
possessing power not only over certain rights 
and liberties belonsiug to the members of 
the body over whom he presides, but also 
over the persons and liberties of his iMajesty's 
subjects in general. Can the Commons en- 
dow him with such extensive authority ? No", 
they possess it not themselves : it is not in- 
herent in them. The constitution restricts 



their powers to legislation only; aad it is 
one of the first and greatest and best maxims 
of that constitution, that tho legislative and 
judicial powers canuothe uuited without the 
destruction of the whole fabric. They can- 
not even assemble without being summoned 
by the King; for they are not, like him, a 
self-existing power in the State. They can- 
not clothe themselves with the smallest ves- 
tige of executive authority ; and, without the 
consent of such executive anthority, how can 
it be supposed that the mere election of their 
speaker can confer upon him judicial powers 
scarcely inferior to those of our highest courts 
of justice ? The idea is absurd ! Such pow- 
ers can only flow from that common foun- 
tain ofjustice whence all jurisdiction over 
persons and property proceeds ; and the 
Commons might as well take it into their 
heads to appoint the Lord High Chancellor 
of England, as appoint their own Speaker 
without the consent and approbation of the 
King. If the authority of the Speaker were 
restricted to the mere overseeing of the in- 
ternal proceedings of the House ; to the read- 
ing of messages ; to the maintenance of or- 
der and decency in debates ; to the putting 
of questions from the chair ; to the preserva- 
tion of silence ; to the rehearsal of precedents; 
and to pronouncing the casting vote in case 
of an equality of voices, the thing might do 
very well ; and neither King nor people, we 
are sure, would be much inclined to disturb 
him in the exercise of his dry and monoton- 
ous duties, nor interest themselves more in 



53 

his nominaiioa than they are accustomed f& 
do hi the appoiuimeut of the chairraau of a 
committee for inquiriug into the best means 
for improving turupike roads. But when we 
find him, ia the full plenitude o( his Judicial 
powers, exercising a lordship and jurisdictiou 
as extensive as the kingdom itself, issuing 
liis n arrant for taking into custody some 
scribbler or popular speechifier — who has 
been unguarded enough to commit a breach 
upon the privileges of the house, and pro- 
nounce doom depriving him of his liberty 
during several months, it is high time to look 
into the authority whence such potent power 
proceeds; for, however imperious force may 
be, no Briton is bound to submit to power 
without law. We have already said that 
guch judicial powers are not indigenous to 
to the Commons. Indeed they have never 
laid claim to them as such. Ilow could they? 
They have hitherto had tho good sense to 
know, that without the sanction of the su- 
preme executive magistrate, from whom all 
judicial power emanates, no privilege of thi? 
descri])tion could bo inherent in a popular 
eccentrical body, whose very existence de- 
pends upon the nod of that distinguished per- 
sonage. They, therefore seek it where alone 
they can obtain it — at the foot of the throne. 
Whether as a boon or as a matter of right, 
they always claim it, and dare i3ot act upon 
it, nor even anticipate its assumption, until 
conferrred upon them. — Can we then sup- 
pose for a moment that such an enlightened 
body ais th« Goniraons of Great Britain and 



64 

liolanil Imvo ever been, wouUl coiulesceiul 
to iin|>liMe ami ititriMt iVoiii iiis Majesty, as 
ihev routiiUHMl to tli) at the eoinnieiicenient 
of every parliatuont, the privilege of acting;- 
in any jiulieial eapacity, ifsiieh privilege had 
boeu co-«xistent uith parliameut, and that 
they had tiie ri};ht of cxereisitig and enfoieiiig 
it at their t)\vii will and by their own sole 
anihority independent of any other eonstilu- 
CMit part o<" the suproujc lej^islaiive power .' 
AVhal simpletons they must be ittliey possess 
powers and privileges iuhcreut in themselves, 
and have not the courage to enforce them 
■withont heniling the knee to any other autho- 
rity on earth I \N liai has l)eeonio of the 
daring of OKI England ! What has beet>me 
of the spirit that extorted Maun a Chakta at 
the point of the sword ! Has the blood that 
ovorllowed the nation in defence of law, 
jusnco anil liberty, been spilt in vain I What 
has become of the boKl but mistaken zeal that 
brought a monarch to the block in defence of 
liberty ! What has become of the llampileus, 
the Kussels, the I?idnoys, the (^hathams, the 
ritts, th«i Foxes, and the Burkes, that have 
shell their blood and spent their lives to pre- 
serve our liberties and constitution.' Have they 
already been forgotten; or w ere they the mere 
phantoms of tne brain that passed in shadowy 
])ageauts before our feverish imaginations ! 
Could such events and such men pass into 
oblivion and not l^avo one solitary token be- 
hind tliom of their disapproval of the custom 
of seeking the Commons' Speaker, and pri- 
vileges from iho Crowu, ifsuch were contra- 



55 

ry to tlioir rights; and atvariancc with all tho 
known principles of the constitution ! Could 
suck men crouch for a boon wlien there exis- 
ted a right ? Was it for them to ask what 
they had already been in possession of? 
Could such men stoop and cringe and fawn 
at the footstool of the Bel and Nebo of unde- 
fined prerogative, and beg from the crown 
rights and privileges inherent in the repre- 
sentatives of England ? Surely that man is 
not in possession of his faculties, who can for 
a moment believe, that if the House of Com- 
mons have a right to the fidl and free exer- 
cise of iho extensive privileges which they 
now enjoy, and to the election of tho Speaker 
without tho intervention of tho Sovereign, 
they would not long before now lay claim to 
them, and maintain them with as fearless 
and dauntless a brow as ever they spoke or 
fought in the cause of rational freedom. It 
is therefore most vain, most presumptuous 
to imagine that they can at pleasure assume 
rights "which were never reserved to them be- 
fore ; that they can now establish in them- 
selves precedents and principles which were 
neither set up nor sanctioned at the revolu- 
tion. Bui even if they did, such is the na- 
ture of the regal prerogative as now limited 
and bounded, that the wheels of government 
must cease to revolve, and the whole ma- 
chine of legislation cease to operate, until 
such a claim should be finally set to rest, 
either by the positive refusal of the Crown to 
sanction it. or the united voice of the legisla- 
ture admitting and confirming it. lu short, 
4 



56 

matters must remaia as t4:iey«are, until alter 
etl by the consent of ctll the constituent parts 
of the legislature. It is not the individual 
pretensions of the Crown or of the Cora- 
mons than can alter the constitution. They 
may and they have at times destroyed it, 
each in their turn ; but it is impossible that 
they can eiiher amend or remodel it with- 
out the consenting voice of the whole. 

As to the right of the Crown to exert a 
rogal faculty wliich has lain dormant for 
years l)ecause no corresponding event lias 
occurred to demand its exercise, nothing can 
be more absurd than to deny the actual ex- 
istence of such a faculty and power. There 
is a very material diiierence between a state 
of torpidity and activity ; but surely that 
fool does not live who will say, that a torpid 
animal has ceased to exist because it has 
ceased to move— tliat it has ceased to feel 
because its pulse can scarcely be felt, or be- 
cause the heaviugs of its bosom are not visi- 
ble. Approach it in its lair ; watch it nar- 
rowly and minutely, and you will easily dis- 
cover all rJie symptoms of existence. Probe 
it, and it may awaken and turn upon you, 
and, if strong enough, perhaps overwhelm 
you. It was once attempted to be proved by 
the emissaries of despotism, that because a 
parliament had not been summoned for ten 
or a dozen of years, the right to do so had 
been lost by the Crown. Shortly afterwards 
this whim, for it war nothing else, went en- 
tirely out of fashion, and one directly the 
reverse came into vogue, uaniely, that par- 



0/ 



iiament ouce assembled could sit as long as It 
]»lcased. Tlie consequence was that anar- 
chy ensued ; and there v.'as neither peace, 
justice nor liberty in the land until the 
proper authorities agreed among themselves 
upon certain rules and principles which 
should for the future guide them in the ad- 
ministration of public affairs. It was not 
stipulated that, if any of these rules should 
fall into disuse it should immediately become 
obsolete and of no effect, but on the contrary 
declared that they should forever continue in. 
force as the law of the land until altered hy 
the undivided consent of the same national 
authority. Let us not therefore suppose, that 
because the King has not since the revolu- 
tion refused to confirm the Speaker nomi- 
nated by the Commons, his right to do so 
has ceased. No doctrine could he more dan- 
gerous ; no doctrine could be more futal to 
the mutual rights of Sovereign and people ; 
for there are rights and j)rivileges on both 
sides which have not been enforced for up- 
wards of a century, and these we could ea- 
sily enumerate were they not too obvious to 
be heyoud the view of the most careless look- 
er-on. Thereis one, howover, which is so 
much in point that v.e cannot forbear allud- 
ing to it. It is a standing rule of the House 
of Commons, that no report can be published 
of its proceedings without a breach of its pri- 
vileges ; and with the exception of one re- 
markable instance not many years ago, we 
do not reracmher the enforcement of this 
rule for upwards of half a century. Now, 



58 



IV ill auy one say, that the right lo cxerciso 
this privilege is not now as stioutily iiuplaut- 
etl iu lUv Coimuons as it was the da\ at'tor 
ilseuaclmeui .' ThoKighi Houoiahle iSpeak- 
er ^voiilii look rather surly uuil imligiiant 
nveic you to tell him anythiug to the con- 
trary, ami perhaps desire the Sergeaui at 
;unis to take you iui« cusJlody. howtver 
luueh he might he ineliued, to ilisseniuate 
useful p«)liiieal iutorniatiou auil niauly l^riiish 
eloqweiiee : The Speaker therefore ami the 
juati«)U .It lar^e must panloii us, if we expect 
the same eoneessions from them with je- 
siH 1 1 to that hraneh of the prerogative of the 
Crowo whieli preserves, though uot exer- 
cised a negative upou the Speaker of the 
Commons. 

This iMings us down to the cousidorntiou of 
the preri>- ^tive aud privileges inherent hy 
miah gy in our provineial coustiiution rtmi 
their application ; hiii this we must postpone 
til] auother opportunity. 



Xo. IV. 

HwiNG thn?, bv reasouablo argumeuls 
and iuevitable dcauction, cstabliaicd tbo 
importaut truth, that, by the coustmitiou ot 
the mother country, uo branch ot the royal 
provoj^atlve is established on a firiuer basis 
than That which aUows a negative in the ap- 
pointment of Speaker of the House ot Com- 
mons, we now proceed to trace the analogy 
which subsists, or. at least, oug^ht to subsist, 
in the tree constitution of this Province, in 
common with all our other colonial posses- 
sions, whether what has been termed pro- 
vincial establishments, proprietary govern- 
ments, or charter governments. 

No one need be told the general form of 
liovernment established throughout the Bri- 
nsh Colonies. It is in all of them borro^^ed 
from that of Great Britain. It is impossible 
that it should be otherwise : for all the power 
that exists among them, either judicial or 
legislative, is bestowed upon them by the 
kTuj; and Parliament, whose prerogatives 
nnd Privileges they may indeed imitate, biu 
cannot overstep, as declared by the statute 7 
and 8 William III. c. "2-:!. and, so far as re- 
gards this Province, by the second section of 
The constitutional act of 1791. But Avhatever 
inav be said of the want of prosptctiit' pru- 
dence and policy which gharacieriied the 
4* 



GO 

extensioD of a free representative goveiii- 
jr.ent to this Province, in none of the Colonics 
have the general outlines and most pronii- 
iieut features of the British Constitution heea 
so closely imitated as in the Canadas. V\ hat- 
ever powers and prerogatives are enjoyed by 
the King in ihe metropolitan state, he pos- 
sesses in this Province ; and he is as much 
King of O.nada as he is of Great Britain and 
Ireland. He can come into the Province 
whenever he pleases, and exercise all tho 
sovereign functions lielouging to tlse Imperial 
Crown, civil and military, as well as eccle- 
siastical, lie may summon and convoke," 
prorogue and dissolve, the Provincial Parlia- 
ment at pleasure. He can reject such Le- 
gislative provisions as he judges improper to 
be passed, lie can delegate iiis judicial pow- 
ers to whomsoever he pleases ; and appoint 
such civil and military ofliccrs as he may 
think proper. He may confer such honours 
am! digujties as he may deem advisable. Ho 
may pardon what oflooces he pleases ; and, 
in a word, may, as already said, exercise all 
the sovereign povve:s of Constitutional King 
of the British Empire. Nay, more, he can 
appoint whomsoever he pleases to perform 
all these regal functions, as fully and freely 
as he could do himself; and tlierefore, 
though not personally present, ought always 
to be considered as tlie spring and regulator 
of every royal transaction. Su<;h arc the 
rights, powers, and prerogatives of Ilis Ma- 
jesty in this Province. ^ 

"^Vith respect to the other branches of our 



61 



Legislative Governraent— the Legislative 
Council onil the House of Asseaibly— their 
powers are couiined b)' the Constitution to 
giving advice and consent to His Majesty in 
making " Laics for the peace, welfare, and 
good goveniment,'' of the Province ; sucli4aws 
not being repugnant to that act, or the Con- 
stitution of the Mother Country. If, how- 
ever, in the performance of these express de- 
clarator\- powers, the two lower branches of 
the Provincial Legishiture found it necessary, 
for the maintenance of their dignity anJ au- 
thority, to imitate the proceedings and as- 
sume the privileges of the corresponding 
branches of the su|>reme Imperial Legisla- 
ture, that could only be done by following 
the same plan wihch had been immemorial- 
ly adopted by ihc object of their imitation. 
We have already' seen what that plan is. All 
their privileges with the exception of those 
claimed and maintained by the Bill of 
Rights, are only obtained by humble verbal 
pe'ijionto the throne, without which proce- 
dure they can neither be assumed nor exer- 
cised ; for no power is self-existent by our 
constitution except that of the Crown. Ac- 
cordingly, when the Legislature of this Pro- 
vince was organized, in virtue of the powers 
conferred by the constitutional act, both 
Houses, but the House of Assembly in parti- 
cular, proceeded without hesitation or delay 
to considor the best means of securing to 
themselves the rights and privileges enjoyed 
by the Parliament of England. In so doing 

they had the good sense to perceive, that, aa 

4** 



62 

the CoiiJlltution had boon entirely silent in 
rel:itu)n to such matters, their views coiihl on- 
Iv he accomphshed by tVdh)\ving throughout 
the example laid down in the mother coun- 
try ; and to assume bnvi manu any privi- 
Ie;^es resembling those of the Commons, 
without being legally conferred and confirm- 
ed, would be usur|)ing at once an authority 
which the constitiiiou could not possibly re- 
cognise or sanction. The deliberations and 
proceedings of the Lej^islaturc, with respect 
to the Speakcrof the House of Assenibly, in 
tlie first session of the first J*roviucial Parlia- 
luent, is worthy of being noted, both as mat- 
ler of iiiteresting historical detail, and as the 
best criterion by which the extraordinary pro- 
positions laiil down in the resolutions of Mr. 
Cnvillier can be canvassed and ju<lged of. 
" Que!)cc, Mondaif, the l/thl)ec. 1702. 

" Shortiy -after, u Alessage was delivered 
byRlr. William Bouthillior, (Jontlemau Usher 
of the Black Kod, viz. 
" Gcutttmen, 

" The Lieutenant Governor commands this 
Honorable House to attend His Excellency \ 
imme<liately in theLegislativel'ouucil house." 

Accordingly, the House went up to attenil 
His Excellency in the Legislative Council 
House, where he was pleaseil to deliver tho 
following speech. 

" G<:ntlemtn of the House of Assembli/, 

" Parliamentary usage, aud the proper 
conduct of the business yon are about to un- 
dertake, making it necessary thai you shouhl 
linvc a Speaker, it is my pleasure that you 



return to your House, and make choice of a 
lit persou to fill tliat oftice, who you will 
preseut for my ArrnocATioN ou Thursday 
next at twelve of the clock, when I shall de- 
clare the cause of couveuiu;; this Assetiihly." 
" Tuesday, 2Ulh Ucceniber, 1792. 

•' Mr. Speaker elect having taken thd 
chair, proposed as questions to the House, 
and on which he wished to take advice of 
tiie House, (to w it :) 

" That the Speaker being presented at the 
Bar, lie should say, (among othor observa- 
tions.) 

" IVly incapacity being as evident as my 
zeal is ardent, to see that so >inportaut a duty 
as that of the first Speaker of ih'6 ConVniou^ 
House of Assembly of tfio Kcpresentatives 
of Lower Canada bo fulfilled, I most respect- 
fully implore the excuse and command of 
your Ivxcelltncy, in the name of our So- 
vereign Lord the Kinj;." 

IF TUE ELECTION OF SPEAKER IS APPROV- 

ro OF, he may say, 

*' I most humbly claim, in the name of the 
samo Assembly, the freedom of Speech, ancf 
generally, all the like privileges and liber- 
ties as are eujoycd by the Commons of Urcat 
Britain our moiher couulry;" ^Jvc. &c. 

In conformity with these claims, sanction- 
ed by the Governor in the name and belialf 
of His .Majesty, and the factual exercise of 
9-ome of them during the next session of the 
rroviucial Pariiameu:. the House of Assem- 
bly resolved, *• That in all unprovided cases, 
resort sJuiU ke had to the rules, usages, and 



(J4 

forms of the Parliament of Great Britain, 
which .shall be followed witil the House shall 
think ft to makt a rule or rules applicable to 
such.improvided cases.'" AdcI according;!?, avc 
i'ncl, that ever since the commelbcemeiit of 
the coustitution, both the prerogatives of the 
Crown and the privileges of Parliament have 
been maintained and exercised in tliis Pro- 
vince on the same footing that they are es- 
tablished in the mother country, till the 
House of Assembly, in the last session, 
thought it .proper to deny the prerogative at 
the same time that they persisted in tlie exer- 
cise of their own privileges; thus annihilating 
rights and powers wliich, if permitted to ex- 
ist at all, can only bo exercised mutually and 
reciprocally. IJut it is time to advert to 
■what jMr. Cuvillier and the other gens 
TOGATA of the Assembly say upon the sub- 
ject. We shall take up their Kesoluiions 
seriatim ; and their first decree runs thus : 

" Resolved, 1. That it is necessary for the 
discharge of the duties imposed upon this ouse^ 
viz. to give its advice to His Majesty in the 
mactment ofknvsfor the [Jtace, ivelfare, and 
good goi'emment of the Province, conformably 
to the Act of the British Parliament, under 
which it is constituted and assembled, thoi its 
Speaker be a person of its free choice, indepen- 
dently of the will and pleasure of the r. rsou 
entrusted by His Majerty, with the adniinis- 
tralion of the local government for the time 
being.'' 

We scorn to comment on the disrespect- 
ful terms iu which this resolution is express- 



C»5 

ctl. Those nlio can treat the reprcsentativo 
ofhis Hr'.taimiok Majesty in tijis Province as 
a"rEns!i)>,* without title or digiiiiy, arc 
themselves unlit to be treated like gcWtle- 
men; far less like wisd*antl prudent lejj,isla-^ 
tors, sincerely desirous of their country's 
welfare hy those salutary means p)-escribed 
by liie constitution. No wonder if men un- 
acquainted with the ordinary rules of decen- 
cy and good manners, shoukl also he stran- 
gers to the maxims of the British constitu- 
tion. But if it bo true, ns It is here for the 
first time asserted, tliathi?. iMajesty's repre- 
sentative, or rather ilsc Kinj; himself, v hoso 
prerogatives are now called in question, has 
no voice in ihe constitutional appointment of 
the Speaker of the House of Assembly, the 
choice of whom is independent of the " will 
anil pleasure'' of the Crown, then it is equal- 
ly true, that every House of Assembly, from 
the first w hich met on the 17th of December, 
1792. till that notable one which met on the 
'20th Nov. 1S27, has been unfaithful to its 
ilulies as representatives of the people, and 
compromised its own rights and privileges iu 
manner most disgraceful to any branch of 
constitutional Legislature. If the priuci- 
] 'is laid down in the foregoing resolution be 
w\.il founded, the various Houses of Assem- 
bly »f this Province have not acted like men 
of honor, worth, and independence, but like 
cra\;jn hearted cow ards an<l traitors. They 
have. f»ue and all of them, betrayed their 
trust, vd, imlikf true l^rituns, become the 
passivw slaves and minions of a power whicli 



60 

held no controul over them, and of wliose 
" will and pleasure,'' so far at least as re- 
garded ilie choice of Speaker, they were en- 
tirety free and independent. But it is the 
particular good fortune of tliis Province as of 
mankind in general, that knowledge is pro- 
gressive, and that though the clouds of bar- 
harous ignorance have hung long, dense, and 
heavily, over our forefathers, the sun of the 
British constitution has at last penetrated 
through the intellectual gloom, and swept 
fronn the atmosphere every vestige of our 
pristine obscurity. The first short session of 
the thirteenth Provincial Parliament ^vill 
form as memorable an era in constitutional 
as the discovery of the new world did in 
civil -history ; and the resolutions now under 
consideration will forever be the Magna 
CnARTA of Canadian privileges. As for Mr. 
Cuvillier and his coadjutors, theirs will be 
the high and enviable distinction of having 
consigned to eternal oblivion the constitu- 
tional ignorance and stupidity of all iheir 
predecessors, and of pronouncing over it one 
of the finest specimens of funereal orations 
that ever was uttered in the world. This 
being the case, it only remains to lament the 
folly and ignorance of all preceding Houses 
of Assembly, especially the first, for having 
so far compromised their rights as to receive 
their privileges, but in particular their Spea- 
ker, from the hands of another, when there 
existed sufficient authority in themselves to 
assu.iie and maintain them. AVhy, when 
desired to present their Speaker for His 



cr 

JNlA.TESTr's APPROBATION, (.11(1 UOt the fllSt 

House of Assembly tell the " Person ' then 
" entrusted l>y His Majesty with the admini- 
stration of the local government," that its 
S|)eaker was a person of its own free choice 
^' Indepaidi^ntly'' of his " will and plea- 
sure?" Why did they not then anticipate 
the glories of 18*37/ But why, Oh ! why 
did they hint in their deliberations at tbo 
bare possibility of the rejcclion of their Sj)ca- 
ker by recording those ominous words, " IF 
the election of the speaker is appro- 
ved OF ?" Why, moreover, when that ap- 
proval h.jppily took place, did the Speaker 
" Mo.^thuiiihlj/ claim in the name of the same 
Asstmhlji, the freedom of speech, and geiie- 
ral y all the like privileges and liberties as are 
er>jot/ed hy the Commons of Great Dntain, our 
mother country?'^ Why did all the succee- 
ding Assemblies follow the same course ? 
Why, if tlicir general privileges and the e- 
lection of their Speaker existed in their own 
right " Independent if of iho Crown, did 
they thus become a party and the chief actors 
in a mere theatrical pantomime that could 
only entail disgrace upon theii- proceedings, 
■and load their own memories with the con- 
tempt of future ages ? But, to the praise and 
honor of the Jirsf House of Assembly, be it 
seriously spoken, they understood the con- 
stitution which brought them together, and 
its relation to its Imperial model, as well, if 
not much better, than any Assembly by 
whom they have been succeeded. Finding 
that the Constitutional Act contained uopro- 



vision with regard to the rights, privileges, 
imrj. unities, and usages, necessary in the 
preservation oftiie dignity and authority of a 
free representative Parliament, but rather 
that these were permitted to spring up as a 
concomitant plant of the new Constitution, 
as they had before done in the mother coun- 
try, they nurtured it with the greatest possi- 
ble care and attention, and procured shelter 
for it where alone they could find it — in the 
ivide-spreading branches of constitutional 
prerogative. They did not imagine, like 
our modern theorists, that, as a matter af 
course, all these privileges were inherent in 
themselves without the sanction of higher 
authority, or that they could innovate at 
pleasure the forms and proceedings so long 
practiced in the mother country. The en- 
joyment of the right was enough for them, 
without the dang:erous power of destroying 
it in whole or in part. They were happy to 
embrace it as they found it, and to exercise 
it as had been done to such advantage be- 
fore thetii. In particular, they looked upon 
their Speaker as an officer of the Crown as 
well as their Chairman ', deriving considera- 
ble emoluments, dignity, and honour, from 
the Crown ; and, therefore, as much in the 
choice ard approbation of the Crown as in 
their own. At all events they sought his 
confirmation from the Crown, and received 
it; and, if we may judge from their temper 
and talents, as well as their proceedings, 
would have admitted his rejection as aright 
which they had neither the incliDatioa nor 



69 

the power to controvert. Their successors 
must be jud};ecl by the same rule; autl it is 
equally to the hoaour and the disgrace of the 
Proviuce, that it is almost ihe same iodivi- 
dunls who have denied ttie just preroj^atives 
of the Crown, and, by their general uucoq- 
stitutioual conduct, plunged a liappy and 
loyal people in troubles which their children's 
children may not live to see appeased. 

Resolved, 2. That Louis Joseph PapineaUy 
Esq. one of the Members of this House, ivho 
has Served as Speaker in six successive Parlia- 
ments, has been duly chosen by this House to 
be its Speaker in (he present Parliament. 

Our only object in extracting this resolu- 
tion is to introduce Mr. Papineau as one who 
not long ago thought diflerently than him- 
self and his colleagues do on the present oc- 
casion with respect to tDc legal election of 
Speaker, and to prove that the boasted ex- 
perience of " six successive Parliaments'* 
has failed to mature liis judgement on one 
subject at least. All Canada remembers the 
proposal made in the Imperial Parliament to 
unite the Provinces of Upper and Lower 
Canada, and the stir which the intelligence 
created in this country, as well among those 
who were favorable as unfavorable to what, 
we must not conceal was at that time, but is 
still more so notv, a most desirable measure. 
It may also be remembered, that Mr. Papi- 
ueau, being a noted orator and Statesman, 
was one of the delegates whom the anti- 
union fraternity sent to England to plead for 
filiem. The Provincial Parliament beipg a^ 



70 

bout to meet in the meaa time, it became 
necessary for him to intimate his absence 
from the Speaker's chair. This he did by 
adih-essing a letter to the Clerk of the House 
of Assembly, in which, contrary to all usage 
and precedent, he took occasion to express 
his sentiments on tivo topics which, in all 
probability, will be equally memorable iu 
this Province. The one related to the coq- 
templated union, and the other had refer- 
ence to the appointment of Speaker of the 
House of Assembly. The first of these not 
being under discussion at present, all wo 
deem it necessary to say is, ti'athadife been 
the" PERSON entrusted by His Vlajesty with 
the administration of the local government," 
the man who had so unnecessarily libelled 
the Imperial Government and Parliament, 
should never afterwards be allowed to place 
himself in the Speaker's Chair. As to the 
second point, we shall extract Mr. Papineau's 
own words; and think they will not only 
speak but cry aloud for themselves : — " It is 
not, tkere/ore, to avoid fulfllitig the duties of 
that honorahle station ivith which it lias pleased 
his Excellency the Govenior-in-Cliii^ and the 
House of Aysemhhj to honor me, and in the ex- 
ercise o f" which theii constant kindness has s p- 
plied mi/ insujjicienci/, that I absent myself,^* 
&c. &c.* If, we will simply ask, His Ex- 
ce lency the Governor-in-chiefhnt], in 1823, a 
co-e^-'lent or co-equal voice in the noinina- 

* Viile Journals of the House of Assengi- 
bly for 1823. 



71 

lion of Speaker of the House of Assembly, 
as here admitted by Mr. Papineau lumselt, 
bv what authority— 111 vh-tue ol wuat law 
has his right and prerogative been lost m 
1827 ? How can the Speaker of IbJ./, to use 
the words of the resolution, be " did ij chosen 
without the approbation of the Governor, ^yhlch 
is asserted to be a mere piece ot tawdry f()rm, 
if that approbation \Yas necessary in l^-<^ ; 
or if the Speaker had kvf.r been appointed 
by the united voices of the Governor and As- 
sembly 1 The inconsistency of some men ib 
astonishing ! ^ , i-, •,• i. 

'' Resolveih 3- That the Act of the British 
ParUament under which the House is consti- 
tuted and assembled, docs not require the ap- 
proval of such person so chosen as Speaker, by 
the person administering the Government oj 
this Province in the name of His Mojcstij.'' 

This we hold to be the most important re- 
solution of the whole series, because it ap- 
peals to the highest and last resort. '* Hast 
ihou appealed unto Cffisar ? Unto Casnr 
shall thou go." It is very true that the Act 
nftl'.e British PailiaineuL under which the 
House is constituted and assembled, does 
not REQUIRE the approval of such person so 
chosen as Speaker; but does it deny the 
light of such approval ? If not, the propo- 
sition is null and void ; and the House of 
Assembly, in demanding the approbation of 
the Governor, acknowledge the right of rc- 
jection as well as approval. They afllrm 
'the former to be uncoustitutiooal : if so, we 
ailirm the presentation for approval to be 



4'4. 



equally so ; and moreover, that every time 
the House of Assembly have exercised what 
they term their liberties and privileges, they 
have acted unconstitutionally, and without 
the authority of a siugle section, clause, ex- 
pression, or word, in *' the Act of the British 
Parliament under which the House is con- 
stituted and assembled." Whence, then, 
the authority of those Parliamentary rights 
and privileges which the House of Assembly 
has daily exercised since the commencement 
of the constitution, and ofwh«ch they seem 
so singularly tenacious/ For our own part 
wo can discover none, except the inherent 
powers and prerogatives of the Crown. — 
Here they are asked and here they are con- 
ferred. Yetthe Assembly deny to the Crown, 
iht source of all their own privileges, the cor- 
responding prerogatives ; without thcjenjoy- 
ment of which the Crown would want that 
constitutional check and balance which are 
so necessary to controul the undue exercise 
of these privileges. The Assembly, like 
hungry mendicants, are ready to receive all 
the privileges that they can possibly exercise; 
but when you tell them that a corresponding 
prerogative has been kept in reserve, they 
suddenly turn upon you, and answer, *' such 
things must not be ; we indeed are entitled 
to our privileges, notwithstanding the con- 
stitution is silent on the subject; but the 
Crown cannot lawfully retain or exercise 
any prerogative, especially the negative in 
the choice of our Speaker ; for " the Act of 
the British Parliament under which the 



73 

House is constiiuted and assembled, does 
j20t require it !" No, as already observed, 
it does not require it; but at the same time 
that it does not deny it, does it require that 
the House of Assembly, who are but a branch 
of an inferior and subordmate legislature, 
should possess all the privileges of the Su- 
preme Legislature ? No, it does not. The 
King can exercise his lawful prerogatives in 
any part of the Empire and so may the com- 
mons their privileges; But when the King 
chooses by himself or by commission to ex- 
ercise these prerogatives in Canada, where 
Is the power that can controul him ? If tho 
commons of England hav# not the jurisdic- 
tion, surely the commons of Lower Canada 
cannot pretend to it. The King and Parlia- 
ment is the only power on earth that caa 
limit and restrict the royal prerogatives. Not 
having done so in Canada, whether they re- 
late to the Speaker or to any other question, 
they may and ought to be exercised when- 
ever occasion may require it. Seeiuji that 
no privileges whatever are conferred on the 
House of Assembly by the Constitutional 
Act; and that consequently all the privileges 
that they enjoy are derived from the Crown, 
•would they annihilate every prerogative ex- 
cept that which confers these privilege*?— 
Yet this is what in practice they have at- 
tempted to do. Never did this or any other 
country witness so parricidious an act of po- 
licy. No mind but a frantic one could en- 
tertain ; no arm but that of a democrjtt 
rnnid strike the blow. 
5 



74 



Wo Iiave said lliat the House of Assenibiy 
h;iv0 on various occ:isions exercised privi- 
leges similar to those enjoyed imniemoriably 
by the Commons of England : and we have 
seen that such privileges Iiave not been de- 
rived from the constitutional act, but from 
the CrovvQ, which alono had the rij;;ht of 
giving them away in the absence of all legis- 
lative enactments. If wo can prove iliis, wo 
can on very just grounds and with a very 
bold countenance ask, how dare the assera- 
])ly apply a rule to the prcrogaiivo of the 
Crown Avhich they rcuI.^c to adopt with re- 
spect to their own privileges ? During the 
second session of the first parliament a mem- 
ber of the house having been arrested for 
debt on the eve of embarkation for Europe, 
complained of a breach of privilege in a let- 
ter to the Speaker, who, strange to say, was 
himself the professional man who had sued out 
iho writ. The terras of the complaint are so re- 
markably applicable to the general strain of 
our argument, that "we cannot help usiug its 
own words, which arc, "That on opening 
the viusT session, ho (the Speaker) in tho 
iiarao of the house, liad claimed such privi- 
leges and liberties as are enjoyed by the com- 
mons of Great Britain, and the Lieutenant 
GovERNOK, in his answer, had recognized 
the enjoyment of all just rights and privi- 
leges." It was voted, " that the member 
hud been arrested in direct violation cfthe 
rights and privileges of the house ; and tlsat 
tho Speaker, as the Attorney, the creditor 
and the Sherill "wero sevcially guilty of a 



. ; each of privilege ;" aud these persons 
apologised accordiogly at the bar. During 
the second and third parliaments Charles 
Baptiste 13ouc v.'as twice expelled by a vote 
of the House of Assonibly in consequence of 
beiag convicted of a conspiracy to defraud 
one of His Majesty's subjects of various sums 
of money ; Avhich, beiug a great stretch of 
privilege, could not be carried into cilect 
without the sanction of an act of the legisla- 
ture, nhich was accordingly introduced and 
passed. In the secord session of the fourth 
parliament, a Montreal newspaper having 
jiublishcd some toasts given at a public din- 
ner at that place, reflecting on a party in the 
Assembly, the chairman of tho dinner iiud 
the printer of the paper were voted guilty of 
a high breach of the privileges of the House, 
and ordered to be taken into custody. In tho 
same session, it was resolved, '• That Tho- 
mas Carey, Editor of the newspaper entitled 
' The Quebec 3Iercury,' for undertaking in 
his paper of yesterday, to give an account 
of the proceedings of this house, to be takeu 
into custody of the sergeant at arms attending 
this house.'' On the t20th February, 1808, it 
was resolved, '• That Ezekiel Hart, Esquire, 
professing the Jewish religion, cannot tako 
a scat nor vote in this house." In the samo 
session it was also resolved, " That to send 
for a member of that liouse, when in his place, 
attendant on tho duties thereof, aud on his 
withdrawing in consequence into an apart- 
ment thereof, or appendage thereto apper- 
taining, to servo upou hiiu a sammous, or 



76 

other civii process, is a breach of the pri\i 
leges of this house," and " That John John- 
son, a Baihfl' for the Court of King's Bench, 
for such breach of the privileges of this house, 
be taken into custody by the sergeant at 
arms, and that Mr. Speaker do issue his 
warrant accordingly." The fith provincial 
parliament was dissolved in consequence of 
the Assembly having attempted, by a mere 
vote, to disfrauo4iise certain classes of His 
Majesty's subjects. " The House of Assem- 
bly," said Sir J. H. Craig, in dissolving thp 
sixth Provincial Parliament, " the House of 
Assembly has taken upon themselves with- 
out tiie participation of the other branches of 
the Legislature, to pass a vote that a Judge 
of His Majesty's Court of King's Bench, 
cannot sit nor vote in their House." la 
1812-13, the Assembly commanded the at- 
tendance at their l>ar of the Otficors of the 
Legislative Council, without leave being pre- 
viously asked for the purpose. In 1814, the 
Governor in Chief, Sir George Prevost, 
having thought it inexpedient " to suspend 
the Chief Justice of the Provin< e and 
the Chiet Justice of the District of Montreal, 
fro'H their offices, upon an address to that 
efleet from one branch of the Legislature 
alone, founded on articles of accusation on 
which the Legislative Council had not been 
consulted, and in which they had not con- 
curred," the House resolved, " That His 
Excellency the Governor in Chief, by his 
said answer to the address of this House, has 
violated the cou'^tiiulional rights and privil- 
eges of this House." To conclude, in 1826, 



the printers aud publisliers of tho Canadiaft 
Times were voted {guilty of a breach of tlio 
privileges of the House, and ordered to bo 
taken into custody for merely saying that the 
composition of the majority of the House was8 
anti- British ; a term than which nothing 
could be more applicable. 

Now, without going into further particu- 
lars, what can be more inconsistent, perverse 
and factious, than the late attempt ti» deny- 
to the Crown tho exercise of one of those 
just and lawful prerogatives which is almost 
annually practised in tho mother country, 
and which has also been practised in this 
Province ever since the commencement of 
the constitution, while such extensive rights 
and privileges have been claim'Hl and exer- 
cised by the Assembly itself ? Is not this 
setting up for law the sole dictum of the 
House of ssembly ; and telling the King, 
" Sire, you must not, and cannot, by the con- 
stitution, exercise in this Province any branch 
of the prerogatives enjoyed in the mother 
country, except conferring upon us our 
usual privileges ; which privileges we may 
and tan enjoy, even to the denial of your 
Majesty's authority, whenever we think it 
proper !" If such an act is not a direct at- 
tempt on the part of the Assembly to destroy 
the just balance of the constitution, we know 
not what is ; and scarcely remember any 
thing resembling it, except that memorable 
vote of the Commons of England, in 1648 
** that whatever is enacted or declared for 
Jaw bv the Commons in Parliament aisem- 



bled, hath the force of law ; and all the peo- 
j)Ie of this uationare couchuled thereby, al- 
though the cousent aud coucurreiice of the 
Iviug or House of Peers be not had thereto." 
To do themselves justice, aud be conbisient, 
the House of Assembly ought to iiave cou- 
liuued the parallel aud made it good. But, 
l)oor maniacs I though t!iey had the audacity 
to aiteinpt the destruction of the constitution, 
they wanted the courage to carry their de- 
sires into execution. Like most innovators, 
it may bo presumed they entertained the am- 
bition, but dared not adopt the means. That 
wise saying of Cato becomes, therefore, very, 
applicable : " Nae tu stultus homuncio cs, 
qui malisveniam 'precari quain non peccare. 

•• Resolved, 4. That the presenting of the 
person so elected as Speaker to the King's re- 
presentative for ajiproval, is founded on usage 
onJi)^ and that such approval is, and hath al- 
ivaijs been, a matter of course.'^ 

',' Resolved, 5. That this Hoiise doth per- 
sist in its choice, and that the said Louis 
Joseph Papineau, Esq. ought to he and is its 
Speaker.'" 

Our observations on the other Resolutions 
having embraced these two last ones, it will 
only be necessary to remark, that even if the 
" approval is foundtd on usage onli/," the 
right would be equally good, until the united 
voice of Parliament bad declared otherwise. 
But what is usage ^. Is it not the basis of 
our whole system of government ? Is it not 
the foundation of all our laws and all our 
rights ? Is it not the palladium of the 



79 



British Parliament, and the corner stone of 
our Courts of Justice 7 Whence the most 
sacred pillar of the whole edifice — trial hy 
Jury? Yet, t!je House of Assembly of Low- 
er Canada, set their own will up in opposi- 
tion to usage, and declare their own votes as 
superior to the wisdom and practise of cen- 
turies !* 

We thusconclude our observations on the 
pretensions of the House of Assembly in re- 
gard to the appointment of their Speaker. — 
We are aware that we have not done the 
subject that justice which its impoitance 
merits. But feeble as we are, we trust we 
have said enough to convince every reasona- 
ble man that truth and justice are on our 
side, while nothing but folly and falsehood 
characterize the other. We shall now turn 
our attention to other topics of paramount 
importance. That the country is in danger 
need not be concealed : it would be childish. 
It tiiereforc becomes every loyal subject to il& 
all in his power to preserve unimpaired the 
ancient rights and liberties of Hritons. We 
are not indeed in open warfare with foreign 
enemies ; but we are in rupture with a foe 
equally dangerous, foreig^n laws, manners, 
priuciples, and sentiments. If, in acting owr 
part in this warfare, we should at any time 
make use of energetick langunge, we entreat 
those to wI;om it mny apply to believe that 
we mean nothing pcrsonallj/ hostile. Person- 
allilies we despise and abhor ; but should 



f5ee Appendix No. IV. 



m 



p.ny iDclividual fall under our weapon \s\ica 
brandished only in self-defence, tlie intruder, 
and not us, can aloue be to blame. To con- 
clude, we are not, like Mr. Papiueau and his 
gang, warriors ad internecio ; but will lay 
down our arms the moment the enemy leaves 
our borders. In the mean lime, the inscrip- 
tion of our banner is Pro Patria, and 
blighted be the patriotism that does not a- 
dopt and follow it. 



«r 



No. V. 

To Louis Joseph Papincau, Esq. 
SIR, 

Seeiug that the most unwarrantable aud 
unprecedeuted proceedings have attended 
the opening of the present session of the Pro- 
vincial Parliament,! cannot refrain, what- 
ever may be the consequences to myself or 
to others, from raising my voice, single and 
feeble though it be, in reprobation — express 
and fearless reprobation — of such proceed- 
ings. It covers me with shame and confu- 
sion, that a country like this, where the free- 
dom and practice of the Jiritish Constitutioa 
are enjoyed in their fullest extent, 
shouM, ill the first place, by conduct which 
has been on all liands declared unconstitu- 
tional, subject itself to a state of anarchy, 
and confusion almost witliout example in 
Colonial history ; and, in the second place, 
Yi'ith the view of retrieving what had been 
so recklessly and thoughtlessly lost, expose 
itself to such animadversions as are only ap- 
plicable to deeds of corruption and breaches 
of trust. How sincerely do I regret that 
such language as this should ever have been 
applicable to this portion of his Majesty's 
dominions, fostered as it has been by every 
civil and religious indulgence. Would to 
God, in the words of that honest man and 
fcravft soldier, sir james kempt, that *' an 



82 

vhllvion of all past jealousies and dissensions,^^ 
inny be the result of the present session of 
the Provincial rarliament. But ho^vsver 
much so great aud enviable a blessing is to 
he desired by all, I will tIkis early most can- 
didly declare, that I shall be tjje last nir.n in 
the country who shall seek my end, or ac- 
cept any boon that may have been obtained 
through illegal or uucocstilutional means. I 
blush lor my country : I blush for the good 
people of this Province : lUitmore especially 
do 1 blush for their Representatives, when 
I reflect, that, in no Constitutional measure 
that has ever engaged their attention, has 
that wisdom or forethought been emj)loyed 
T\ hich was necessary to carry it to a finally 
hapyy issue. I blush for my country : I blush 
for the good people of this Province ; But 
more especially do 1 blush for their Represen- 
tatives, when I reflect, that even when con- 
trouled by constitutional authority, mellowed 
by indulgence, or tempered by experience, 
they have never been able to regain one 
false step Avithout plunging deeper into an- 
other. Finally, I blush for my country : 1 
blush for the good people of this Province : 
But more especially do I blHsh for their Re- 
presentatives, when I reflect, that, at no 
period of our bistery, have these charactcr- 
isticks been more conspicuous than during 
the proceedings attending the meeting of the 
present Session of the Provincial Parliament. 
To treat of those proceedings is the sole 
object of this communication ; and as you, 
Sir, have ever been, aud still are, the pivot 



on which almost the whole mnchiuery ol our 
late Legislative d'lTerences turn, 1 cannot 
Conceive to whom I can more properly ad- 
dress my observations than to yourself, un- 
fortunately branded and distinguished as you 
thus have been. In doing so, I do assure 
you, that I shall have little to do either with 
theory or theoretical deductions. I shall set 
down nothing but simple and recorded facts ; 
and whatever conclusions may be drawn 
from them can only be attributed to the ne- 
cessary consequences of such facts, and not 
to the ingenuity or imagination of any indi- 
vidual whatever. Shall I extend the right 
hand of fellowship to the man who has in- 
jured me, except, instead of grasping it vio- 
lently from my side, or seizing it clandes- 
tinely from behind my back, he beg it by 
those forms instituted by society ? Is stolen 
property to be stolen again in order to re- 
store it to the owner ? Js it not rather to bo 
recovered by the rules prescribed by law, 
and by those alone ? By what rule is tra- 
duced or tarnished honour to be retrieved .' 
By traducing or tarnishing that of the tradu- 
cer? By no means. But by the law of 
honour alone, which, while it prescribes 
forms to regain that which has been already 
lost, in the most ample and satisfactory way, 
will never sanction a 7i€iv breach upon the 
rights of another, merely to gratify the pas- 
sion or the revenge of the suirercr. " Let 
all things be done in order,'^ was a notable 
maxim of one of the greatest orators of au- 
lifjuity. And, indeed, nothing can possibly 



64 

1)0 nunc fatal and ruinous to the rules niul 
itisritulious, as well ol" j)rivjuo ns of puUlic 
life — as wolJ of civil us of rtiij^ious bodies — 
lliau nu nttompt to break throujili them with 
inipuiiity, and the unmanly and indecent ns- 
suiuptioii of power by undue and ille|^al 
moans. JJut to the point. 

No man can be ij^uorant of the circumstan- 
ces wliicli atteuded ilie meeting and proro- 
guing^- of tiio parliamout called for the dos- 
pateli of business on the !20ih of November, 
lS*i7. Of these, lu)wever, it becomes neces-'' 
sary for my pre!>o<it purpose to recapitulate 
some ; and I gliaii do so very brierty. His 
Majesty's Keprcscntative being seated on tho 
throne, the lUack Rod was ordered to suiu- 
inon tile House of Assend)ly iuto His Excel- 
lency's presence. Tiiat body being come up, 
they u'ero inforiuod, in the usual terms, that 
His Excellency did not ihiidi it hi to <leclare 
the cause of summoning this Parliament, 
unfil there should he a i>iuaker of the Houi'e of 
Assembli/.^^ Accordingly, the Assembly 
were ordered to repair to their usual place 
of sittings, and tliere to make choice of a 
Speaker, and present him next day for the 
npprobatioQ of His Excellency. This was 
done ; and you Louis Joseph Papineau, 
being presented as Speaker elect, and mak- 
ing the usual and prescribed excuse, that ex- 
cuse was sustained by the Speaker of the 
Legisl.itive Council in the following words : 

'• Mr. Papintau, and 
Gtnilemcn of the As^'tinhli/, 
** I am commanded by His Excellency tbt 



85 

< .overnor-iu-Cliicf to inform you, that His 
i^xecllency doth not approve the clioico 
^vb\('Ai the Assembly have made of a Speak- 
er, and in His Tvlajc^'ty's name His Excellen- 
cy doth accordingly now disallow and dis- 
charge the said choice. 

" And ii is His Excellency's pleasure that 
you, Gentlemen of the Assembly, do forth- 
with AGAi>' V.F.PM11 to the place where the 
sittings of tlio Assembly are usually held, and 
there make choice of axotj/er person to bo 
your Speaker — and that you present the per- 
son who shall be so chosen to His Excellency 
in this House on Friday next at two o'clock, 
for his approbation." 

But this corjnraand, which was the last 
command of Hia Majesty to the House of 
Assembly until the appearance of the Black 
Rod on the. 21st inst. was disobeyed. In- 
^ stead of proceeding to the election of" aiso- 
THEPv PERSON," you, Sir, and the majority of 
the Assembly, proceeded to declare the 
FIRST election legal ; and the following me- 
morable Resolutionrj are the Decree by which 
you pronounced it legal : 

" Resolved, 1. That it is necessary for the 
discharge of the duties imposed upon this house, 
viz. to give its advice to His Majesty, in the 
enactment of laws for the peace, iveffare and 
good government of the Province, conformahiy 
to the Act of the British Parliament, under 
which it is constituted and assembled, that its 
Speaker he a person of its free choice, indepen- 
dently of the will and pleasure of the person en- 
trusttd by His Majesty with the administra- 



8G 

lion of the local g-overnment for the time 
being. 

*' '2. That Louis Joseph Papineau, Esq. 
ontof the Mtinhers of Ihis House, who has 
sirvt d as Speaker in sir successive Parliaments, 
has been dull/ chosen bif this House to be its 
Speaker in tht present Parliament. 

" 3. That the Act of the British Parlia- 
inent, under ichich this house is constituted 
and assembled, does not require the approval of 
such pei.<!on so C'losen as Speaker by the p rson,^ 
administering th> government of this Province 
in the name of His Majesti/. 

'* 4. That the presenting of the person so 
elected as Speaker, to the lving\s Representa- 
tive for opproral is founded n usage o/j/j/, and 
that such approval is and hath alwatjs been a 
matter of course. 

*' 5. That this house doth persist in its 
choice, and that the said Louis Joseph Papi- 
ncau, Esq. ought to be and is the Speaker. ^^ 

J will abstain from any remarks upon 
these Kesoluiiotis, because I liave already 
proved tliat tliey nero violent, illegal, and 
iincoustitutioual, in the highest degree. I 
only rehearse them to enable me to prove in 
fewer words and iu clearer terms than I 
couM otherwise have done, these two im- 
portaut propositions : 1st That the commands 
of His iNlajesiy to elect " another person," 
different, m all respects, from you, were not 
obeyed, contrary to your statement to the 
pi'esent Governor on theSlst iust. and, 9dly, 
That the honour and integrity of the llouso 
of Assembly, of w^hichyou are now Speakor, 



87 

have been compromised ; their faith broken, 
and their Journals falsified ! 

I. When, in ohedioricfj to the commaodi} 
of His [present] Kxcellency, you nud the 
House of Asseifibly weul up to the Legisla- 
tive Council Chamher, it was there intima- 
ted to you, that His Excellency did not see 
fit to declare the causes for which he had 
Burnmoned that Provincial Parliament, until 
thero should he a Speaker " duly elected and 
approved.'' Your reply, sir, is no less ex- 
traordinary now than it will he memorable 
hereafter: — 

" May it pltase Your ExccAkncy, 

"In obedience to His JMnjesty's (/om- 
manda, the House of Assembly has procee- 
ded to the election of a Speaker, and 1 am 
the person upon whomc their choice has 
fallen. I respectfully vray that it may 
please your [Oxcelleucy to give your appro- 
bation to their choice !" 

Here you say, sir, that it was " in ohedi- 
once to His Majesty's commands" the House 
proceeded to the election of a Speaker, and 
that their choice had fallen upon you. I 
respect your station very much, sir, hut I 
respect the honour of my countiy, an<l the 
rights of the people still more. I regret, 
therefore, to he under the necessity of con- 
tradicting you in the plainest and flattest 
terms. I say, that in obedience to His Ma- 
jesty's commands — the /«3? comman^ls which 
you received previous to the present fuecTing 
of Pfjrliament — you dio not, in the ttrms of 
these commands, and in obedience to them. 



b3 



" agaiu repair to tlie place whore the sitiings 
of the Assembly are usually held, and there 
make choice of another person to be Speak- 
er ;" your election, Mr. Papincau, having 
been disapproved of in these words " / am 
commanded by His ExccUencij the Gove.r7ior in 
Chief to inform you that His Excellency doth 
not approve the choice ivhich the Assembly 
have made of a Speaker- mic? in His Majesty's 
name, His Excellency doth accordingly now 
disallow ana discharge </ie said choice.''^ On 
the contrary, you passed the Resolutions 
above recited, and the liouse " persisted in 
its choice'' of you as Speaker ! 

Sir, tliese are brief, but most damning faclsl 
and the country calls aloud on you to gain- 
say them, if you can. They not only con- 
vict you, now' a public officer of the state and 
of the Government, of having, at the meeting 
of the present session, gone up to the pre- 
sence of your Sovereign's Representative with 
a most false and erroneous statement in your 
mouth ; but stamp the House of Assembly 
itself with a character neither enviable iu 
itself, nor suitable to the honour and respec- 
tability of the Province. 

2. I come now to consider with equal 
brevity my second proposition, namely, That 
the honour and dignity of the House of Assem- 
bly, of which you are now Speaker, have been 
compromised ; their faith broken, and their 
Journals falsified. 

After stating, in the words which I have 
already recited, that the choice of the Assem- 
byl had fallen , upon you, " yon respectfidly 



89 

'[jray, that it might please His Excellency in 
give hi'i approbatio7i to their choice /" When 
you frayed after this form and manner, did 
it ever occur to you that you ^vere establish- 
ing a formulary for the perpetual damnation 
of the Resolutions of 1827; consecrated by a 
great majority of votes in the Assembly, and 
already carefully deposited in the archives of 
the Provincial Parliament ? Whejlher it did 
or did not, th',is is a fact, that by such prayer 
and proceedings in the face of these memo- 
rable Resolutions, you have, not tacitly nor 
constructively, but in reality, compromised 
the honour and dignity of the Assembly ; 
broken its faith, and falsified its Journals. 
What now becomes of these famous Resolu- 
tions, so clamorously called for, and so 
eagerly voted ! What now becomes of the 
vote, That for the discharge of the duties im- 
posed upon the House, it was necessary that 
its Speaker be a person of its free choice, in- 
dependently of the will and pleasure of His 
Majesty : That Louis Joseph Papineau had 
been duly chosen as Speaker : That the act 
of the British Parliament, under which the 
Assembly was constituted, did not require 
the ArmovAi. of the Speaker by His Majes- 
ty or bis Representative : That the presen- 
ting of the person elected as Speaker to the 
King's Representative for approval, was 
founded on usage only; and that such ap- 
proval was, and had always been, a matter 
of course ; and, That you, sir, ivithont such 
approbation, ought to bo, and was Speaker ? • 
What, I ask, sir, becomes of all this ? And, 



90 



niorbovrr, wlKitbocomos ofilic ** coinpet^ncif" 
of tlu> House, as iw^a] l>y Mr Biatichtt, 
Avitliiuit such npprobiitiou .' WIku uow bc- 
coiuos of the " coir.inon vNY/ks'?*' of that Unumu'iI 
giMUk>uian ; ami what lio liis ** sound .s»7K<f<?" 
uiul his *' «»-()0(/ .<(;j.Nv" say to the uew liturgy 
of the praYinji-to-he-approveil-of-Spouker ? 
A\ hat has hoeonio of Sir. liounUiircs' " tles- 
j'otch of yttblic bu.'^incss," Avhioh he attlrined 
to he eoinpeteiu witheut tlie usual approvnl 
of the Speaker.' l?ut. above all, >vhat has 
becouie of Mr. I'allieres' *' ///e." Has it, 
beou '•/<)?/( j7((/" or not ? for ho declared, in 
his plact*. that he wouUl as seen lose his life 
as foresio his priviU^j;es. These, sir, havo 
tiow, indeed, become very iinportaut t|ues- 
tiiuis for you and your friends in tiio Assem- 
bly to ponder upon, and to answer, if you 
">vill. Mif object will have been attained by 
the mere recital of them ; because I am con- 
viiu'Ovl. that every man of sense or discretion 
■who peruses them, will unite his sulVrages 
■with njine. and declare the whole ct»nduct 
of yourself and the present Assembly on th© 
subject o\' S}>eaker, no less a {;ross insult oa 
the dijiuitv of the Crown, than a stiu;ma ou 
the publick. character of the Pioviuce. 

From what I have ;«()»' said, and I am not 
at present iiisposed to touch upon any other 
to]>ick, it appears perfectly eviileut. that you, 
sir, and the beily which you lead, or, to speak, 
more proptrlv, Avhich you serve, havo com- 
pleti^lv abandoned Coustitntional principles 
for interesteJ and tiuu -serving s\ stems; 
these svstems like the Indim* Mhilo«:oi>l>»' •'•^'- 



91 

ifj^ neither foundation nor rule of action, ex* 
cept the caprice, the passion an<J the heed- 
less ambition of a few theorists and dema- 
^o'^'HiH. You have entirely and for ever 
forfeited your character as a legislative hody; 
for yoii have not only broken faith with the 
< ountry, hut trampled on your own Resolu- 
tions, Can you he trusted for the future ? 
Do you suppose you can always thus act I 
Do you suppose you can thus perpetually g<» 
on, drawing upon the approbation and con- 
fidence of your constituents, and then, the 
moment your object is accomplished, plot 
and carry into execution some new measuris 
of self-degradation — some new scheme for 
involving the Province in party-feuds, and 
yourselves into an exterminatory stale of 
warfare with all the other public bodies of 
the State. lielievo me, sirs, this game, ia 
which there is neither chance nor fair-play 
for all parties, will not last long. Your 
constituents are far wiser, dexterous and 
cleverer men than you give them credit for. 
They will not always be unfortunate without 
knowing the cause. They will not always 
bo thwarted in the public measures which 
you prescribe for their solicitation, and not 
inrjuire both into your right to dictate to 
them, and your prudence to guide thorn. 
*' Experience teaches fools" says the pro- 
verb ; and, with respect to this Province, it 
now seems very likely, that the experience of 
the past will ensure more wisdom for the 
future. On the present subject — I meaa 
that of Speaker and the co-relative prerogfc- 



92 

tive of the Crown—you screwed them up al- 
most to a pitch of desperation, with the con- 
fidence in which you addressed them of the 
righteousness of your measures. To con- 
vince them that it was impossible for you to 
be wrong, you told them— and some of them 
absolutely believed it — that in the last exer- 
cise of the prerogative, the late Governor in 
Chief was " mad!" But what Avill they say 
when you inform them, that all you said, all 
you did, and ail you preached on this sub- 
ject wps to no purpose; and that instead of 
following it out, and abidiug like men and 
legislators to your " p^esolutioa^s" through 
good and evil report, you totally abandoned 
them in a manner too dastardly to be repea- 
ted ; leaving their constitutional legality, as 
well as merits and demerits, to be discussed 
onlj' in the winter's evening Coteries of the 
habitcnts ? Will ihey not, when they rightly 
consider all this, be apt to say, that it was 
you j-ourselves who were really " mad" and 
not the King's Representative. And will 
they not add, that, if you found yourselves in 
reality to be wrong, it would have looked 
much better, and sounded more constituti- 
onally wise in the ears of every sensible man, 
had you publicly and boldly repealed und 
abrogated your celebrated Cuvillieran " Re- 
solutioDs" admitted your error, and promis- 
ed better for the future, instead of the craven 
part you have acted ; shrinking from any 
reference to your past conduct; and choo- 
sing rather to slur and veil it over with an 
egregious mis-statement than candidly de- 



93 

daring before God and your country that 
yoa had abauJoned the claim which you 
had set up to tne appointment of Speaker 
without the approbation of the Crown. Not 
only did you abandon, and for ever, the 
point at issue ; but you patiently and meek- 
ly submitted to an innovation (I will not say 
an unjustifiable or unconstitutional one) of 
the terms in which you are usually permitted 
to elect your Speaker; the words " Until 
there be a Speaker of the Assembly duly 
elected and approved" being substituted for 
the old expressions " Until there should be a 
Speakerof the House of Assembly." You 
are thus, your constituents will tell you, 
when they next meet you, doubly chained— 
voluutarll}^ chained by your oivn acts, as well 
as constitutionally by the prerogative of the 
Crown. This particular prerogative with 
respect to the Speaker, they will naturally 
add, you especially despised, disregarded 
and contemned ; but we now see it rivetted 
round your necks tighter, faster, stronger, 
and heavier than ever. Can we longer en- 
sure such treatment ? Can we endure to be 
embroiled in feuds and quarrels respecting 
our rights with our Sovereign and his Re- 
presentatives merely to counterance you ia 
your ambitious struggle for powers that do 
not of right belong to either of us, and iheu 
be told, as our only excuse and palliation, 
that you were in error ! We shall be ou oui° 
guard for the future ; and depend upon it, 
Gentlemen Representatives, that when you 
next quarrel with the powej-s of the State^ 



94 

but especially with the King's lawful prero- 
gative, you shall fiutl us neither by your side, 
nor dragged on to our own destruction by 
the chariot wheels of your mistaken and 
ill-founded ambition. You have deceived 
lis once more; but it shall be the last time. 
JFe shall have no more Punic Houses of As- 
sembly to rule over its ! «:• 
Whilst thus discharging a most painful, 
but important and necessary duty to ray 
country, by exposing the delinquencies of 
you, sir, and 3? our friends in the Assembly, 
and a duty which I trust I shall never again 
be called upon to perform, I cannot refraia 
from expressing ray admiration of the man- 
ner in which Sir James Kempt discharged his 
duty to his King and country in opening the 
present Session of Parliament. He has been 
accused of compromising ; but this I posi- 
tively deny. He could have no personal or 
political objections to yon, sir, us Speaker. 
Yon tokl him, that in obedience to His Majes- 
ty^s commands the Assembly had proceeded 
to the election of a Speaker, and that their 
choice had fallen upon you. You prayed Jbr 
his approbation. He took you at your word, 
and he granted your request. It was not foi* 
His Llxcellency to inquire whether you had 
spokeu truth or falsehood. He fouud you 
in the situation of every other Speaker at the 
opening of Tarliament, with the prescribed 
adilrems upon your lips ; and it was not for 
him then and there — at the commencement 
of a Sossion which I trust will ever prove 
important to the interests of the Frovince--)' 



'Jo 

to read lectures either on moral philosophy 
or consistency of public conduct. The 
country is deeply indebted to His Excellen- 
cy for having thus once more afforded ue aa 
opportunity of putting the wisdom and pat- 
riotism of our Representatives to the test : 
and whatever may be the result— and let us 
cherish the best hopes— our gratitude and 
thanks to His Excellency will be equally un- 
alloyed. I am Sir, 

Yours, &c. 

T. L. C. W. 
29th Nov. 1828. 



g« 



No.M. 

Meeting' ofllic Prorincial I\}ilHUncn( — Mts- 
sa^^t' —iif^iolution^t — Declaration oj Indepen' 
tttinee — ^•('. 



ISotwiihstainliiit;- tlio irrrpiulnrity and brosicli 
of ronstitiiiuinul iriist >vliicli wo liino uN 
roaily |»t)iiUtnl out as olmractori/.in|;' tlio com- 
nunioiMuont dI'iIio prostmt session of our l*ro- 
vim'iiil I'arliatiuHit, wo <//</ lii>|>o, onco a sit- 
ting; lia»I luHMi actually I'lVeotoil. that soiuo 
lulvaiitajAO to tlio oor.utry ini^lit ullii\ia(eiy l)0 
tlio iTsiilt ; at all ovoiits. wo llaitorod our- 
scIyos \> itli tlio oxpootatioii, that soiuo pro- 
{ii'oss uoultl liavo boon niado towards an ad- 
justmont of thoso tlitVoroncos wliich liavo 
so lonj; injmod tlio intorosts and dis^raood 
tlio oliaiaotor of tlio rrovinoo. Indooil suoli 
an issuo was not only to be expectod, but 
alim»st confulontly rolioil u|)on, iVoni tlio 
gruoious and coiioilialin^ inaunor of ilio 
spoooli from tlio throne, which, above aud 
boyoiid all thinjis. onjoinod *' An oblivit>n of 
all past joaloiisios aiui dissensions. " Hut wo 
hoped, ami lialtorod oiirsolvos in vain. \\'o 
i>u^ht to have rocolloctoil; that lu) iljstompor 
is so inveterate as uational Jealousy, party 
prejudice, anil factious ambition : that noth- 
ing; can tak^ a deeper aud firmer hold of the 
heart antl t'le uiulorstaiulin^. than self-con- 
veivcd pow*»r cherished by iguorunoc : and 



97 



that no iulvittc, no prccopf,, no rnuxim, how- 
ov';r wJKftly corjcyivcfJ, or f-jitfiiiilly ur^ml, 
can ever ru'^ko a proper impres^iiori on ibc 
fool, tho hij;ot, or the cnlhuniant. It 'i%, there- 
fore, with //'u;f 'iud (lhtnH.y that we look on- 
whpJh. 'i ho vJKtH of the futuro nee oh dark 
aofJ uhhfuro to our Hi^rhl :, for we c-in now 
perceive no f)hjeet, discern no point, on 
which li> fix thone i'opon and anliciprtionn 
for our country which late events taujrht uh 
to cheri«h. We can <ie«cry nothing hut the 
fjaik and jarrinj^ elernenls ofperpeiua! Htrife. 
To ipeak rrior*; pl-jinly, the <»pirii and^reniuH 
oflfi'; House of An-^einlily i"* too turfjulent to 
hf; fariied f*y fair words and wholesome ad- 
vice. Ajiitator<j and disturherw of the puhlic 
pjacc, like thern, ^re not easily appeaned or 
conciliated. I)es{jit<ing the hoon of good 
will, they rnuHt have the concchhion of fear. 
We must yield to menace, and give hecauJ^o 
we dare not refuse. After having for the 
last ten yeara warred against everything sa- 
cred tf> frM« Jiriti»h afleetio.i : after having 
paralyzed the strong and legitimate am; of 
governrn<;fjt hy fearn ufjwoMhy of rnen nnd 
preteoHion-j unworthy of I eg is hi tors : «fler 
havii»g uKurped powerrs which solely heiong 
to the execnuve ; after having completely 
stopped the whole machine of our i/rovjocial 
government; after f aving poured out their 
compl'iintH at ihe foot of the throne, and in 
t^e pfe-i'-oc?^ nnl /ioyring of the supremo 
I. ' Jturc of the KiMpire : after »eein;; thewo 
co.i. -. int maturely weigfied and con!>;dered; 
and after receiving thf clear aod impartial 



&3 



RDswcvs «S:. .'leclsions of tho greatest & gravest 
authorities of the State, who coukl do other- 
vise thao hope-— who coukl do otherwise 
than believe, thatau end would irnmedir.toly 
be put to the political fends and dissensions 
■which have so long retarded tlio prosperity 
of the Province ; and that the Assembly, in- 
stead of again renewing the disgraceful con- 
test, would be tho Mrst to retire to that legiti- 
mate ground of cordial peace and good will 
which should ever characterize a free and 
happy people. But alas! the olive brancii 
was held out in vain. Jt has been not only 
rejected and iramj)led under foot, but the 
torch of discord has been raised in its place 
midst the shrieks and bowlings of a furious 
and discontented party, proclaiming " ever- 
lost! ng- warfare, ^^ in place of '" a?i ohlivion of 
all past jtatousies and dissensions.''^ 

It now becomes, of necessity, our painful 
task to recapitulate how this has been done. 
Wo shall add such observations as must ap- 
pear obvious to the understanding of every 
man in the country who is not blind to its 
true ond most important interests. We may 
be alone in these observations. Viux we 
care not. We have a deep stake in the pros- 
perity of the Province. We have a rever- 
ence for her institutions, modelled as they 
are, or, at least, were intended to be, on 
those of tho parent State; and should con- 
sider ourselves as the most abject and worth- 
less of parasites if we did not raise our voice 
against the course which is now about to be 
pursued for the dcstiuction of all that i« 



V'J 



dear to a Briton's feelings, fii the meaa 
time, wc must waro the rrovince agniust en- 
tertaining any expectations of the present 
session of the Asyembly. When the core 
and the stem of the tree are unsound and 
rotten, can the fruit be good or plentiful ? 
It is difficult to stop the career commenced 
iQ inquity. It may terminate in virtue; 
but the issue must Gver be precarious; and 
our hopes always feeble. 

The first bad feature in the character of 
the present Assembly which we shall point 
out, is, the manner in which the address, iu 
answer to the speech from the throne, was 
proposed and got up. That there was a 
ileviation froni, and an innovation upon, the 
(established rules of the }[ouse, all must ad- 
mit ; but no one can justify. It was usual, 
in conformity to the practice of the House of 
Commons, to refer the speech to a commit- 
tee. On the present occasion, when new 
forms of procedure, new rules, and new 
maxims are so much in vogue, a committee 
of a i'aw members would not do — could not 
do; having entirely forfeited the esteem and 
respect of the Assembly. There must be a 
committee of the " ivhole house.'''' It is a 
pity the wliole country, and the whole world, 
could not be added ! The ostensiiiie reason 
assij.;ncd for this innovation and deviation, 
"WPS, that '• it ivould afford lo all the members of 
ihe House an opportunity of expressing^ their 
sentiinents, and of furnishing the grounds or 
Jfoundationfr the Address'"'^ But this was 
a30t the real reason ,; and if it had been so, it 



IdO 



would ulToi'd but a rtimsy and oxecrahle ex- 
cuse for deviating tVoiu a rulo ♦?stabli>lied nt 
the comnienceuient of the Cunstitution ; for 
every uietnber of the House had iho same 
right when the report of the cornniitteo 
"wovdd be bron<;ht up. The real reason was 
this, that Mr. Uourdages and his circle had 
matters in cogitation which they were afraid^ 
to use their own words, to trust to a commit- 
tee. They could depend, they said, upon a 
viajoiiti/ of the " whoh' house ;'* but as. in thp 
appointment of a committee, respect must 
ueces.sarily be paid to au appearance (\fimpar' 
tialitij ; and as, consequently, individuals of 
the f/«c stamp, might be named members, 
deemed it an easier affair to fight one 
battle than two, which they must iueviiabiy 
do, had a committee been appointed, and 
any one or more reasotu ble and enlightened 
men made members of it. -'r. Bourdages, 
therefore, came up to his phu r with the Reso- 
lutions preparatory to the address cut and 
dry in his pocket, where they had been snug- 
ly deposited the preceding night to the no 
small satisfaction of himself and those in the 
secret of his intentions to insult as well as to 
innovate. As to the matter of the Address 
itself, it is certainly worthy of the manner ; 
ami this is tbo first instance in tl>e annals of 
the country of a legislative body, either me- 
tropolitan or provincial, having introduced 
matterinto an address which liid not corres- 
pond with the subject of the speech. What 
can possibly exhibit in a more glaring light 
tbe spirit whieb pervades ih« Assembly I 



]0i 

What can moro distinctly point out their 
wnnt of true gf^ntlemanly respect fwu] feeling 

, in form, and want of principle ir' action ! 

[ . And what, in short, could he more shocking- 
ly insulting to [lis Majesty than the Ion;;; and 
cxt.-ancous tiradeintroduced into the Address 

\ against Hiii Majesty's late administration in 
this Province. Did His M^ijesty ever disa- 
vow or disapprove of that o-dniinistralion ? 
Did His Majesty recall the head of that ad- 
ministration because he disapproved of it? 
(luho the contrary; and of this the Journals 
of the present Asserahly already bear aniplo 
testimony- But even had His Majesty done 
this, and dechircd so to his ^'- J-.iith.fo'L Com- 
mons'' of Lower Canada, was it fit, was it res- 
)>cctful, was it decent, in ansv. er to a speech 
from the throne, breathing conciliation 
throughout, and enriched with a vein of the 
);urest spirit of paternal affection and good- 
^viil, thus to cast reflections on liis Alajesty's 
administration in this IVovince ! Was it con- 
stitutional to interlard and beslubber a State 
document of mere form and compliment with 
complaints of imaginary grievances, while 
oiher opporlunities and other r eans remain- 
ed behind for conveying r;ucb unwelcome 
scj'timents to the foot of the throne! Was 
every cliannel shut against complaint hut the 
address! Nay, was it loyal thus at on'-e to 
declare to His Majcyti/s Rf.prf^sentativfu that 
altiio'igh he took it upon [linnself to ^^njoia 
" A /I oh ivion uf oil pa: t p/'Xilov?if:S and dis- 
scnclons, ii v/sisby no mchus iheir iiitcc ion to 
do so while a vestige of them dwelt upon 



106 ». 

tholr remembrance : and in order to con- 
viiico liJm they were in earnest, that they 
had embraced the very Jirst opportunity of 
stating; a fact so clear to them? Tiio {:;ross 
ignorance and presumption of a le}i;ishuive 
body t!iat could stand up and act such a part 
as this, is amazing. They suppose, wo pre- 
sume, that there is not on the face of the 
•whole earth, any power — foeimj; — interest — 
passion — prejudice or sentiment to be con- 
sidered but what belongs lo thomsflves. Wo 
sincerely wish them joy ofthe tlitiorijg idea;- 
but we regret, at the same time, iluit thero 
are vaiiotis other powers on theearih, whom, 
ns we respect more, we shall consult th6 of- 
tener. 

As to the tirade itself introduced into the 
Address so unnecessarily, extraneouslv, iuid 
indecently, it is truly wn/^uf?, and, to all in- 
tents and purposes, like every other ihing 
that IS great and wonderful, forms a class by 
itself. We know not, however, whether ii is 
not intended more as a panegyrick upon the 
past conduct of the Assembly tliemselves, 
than as a rellection upon Majesty; for they 
have ever been famous for the bombnstick 
egotism and adulation with which they ovor- 
"wliclmed thern:^;olves. But be thai as it may, 
we scarcely e or met with a i»;ore striking 
specimen of potty, shallow, powerless, IVcblo, 
declamation — ct puny, puerile, low scurrilous 
♦' sound, and fury signilying nothing." It 
falls greatly bcsow tl;e couimou-placo taw- 
dry, insane, rhapsodies ofthe tools, emmi- 
sai-ies, demagogues, auii idolators ofthe As- 



103 



sernbly out ofdoors. It is as worthy of the 
authors a' of their cause. IJut however cod- 
ternfrtible it tnaybe in itself — nod that it is 
coDtemptible who will cJctiy ? — it forms part 
of the address of the House of Assembly of 
Lower Canada to His Majesty's Represen- 
tative; and, as such, exhibits in rich and 
luxuriant profusion both the characteris'.ics 
of the party whence it emanated, and the ul- 
timate object of their mistaken ambition. It 
Avill, therefore, in conjunction with other 
notable instances of the mad fervour of the 
Assembly, be of use in directing our aitentioa 
to their present wayward path ; and to which 
we would also seriously recommend the ob- 
servation of all our loyal and constitutional 
readers. j\o one can pass by the observations 
of the minority on this question without being 
struck with their siogularjustico and proprie- 
ty. Well might Mr. Stuart challenge the 
risible fortitude of the gravest individual^ 
upon witnessing the style and matter of the 
extraneous matter introduced into the Ad- 
dress ; and, upon Mr. Vallicres' justifies tioa 
of the bombastick fervor of the language 
made use of, well might he add, " that those 
who wrote fervidly were apt to write foolish- 
ly.'' Never was any apothegm more faith- 
fully realised than this one, for never before 
were such folly and loathsome insanity intro- 
duced into a state document ; never did an 
intended compliment to Majesty carry in its 
train such insulting malignity ; and never 
was the'path to the throne strewed w'ltb such 
filiii, impurity, and reptile slime. Wc know 



104 

not how we should have borne to be of the 
same party with those who acted thus. It is 
bad enough, God knows, to be of the same 
species. 

But we approach matter of still graver im- 
portance — matter in which the dearest and 
best interests not only of the Province, but of 
the Empire at large are involved. We al- 
lude, as may be readily perceived, to the 
Message sent down by His Excellency and 
the Resolutions voted by the Assembly ia. 
answer to it. His Excellency, rightly con- 
sidering the great anxiety that existed in, 
the Province for a declaration of His Majes- 
ty's sentiments with respect to our present 
condition, and the importance of an early 
discussion of them by the Legislature, with 
the view of alleviating the miseries of the 
country, lost no time in making these senti- 
ments public the moment that the prelimina- 
ry business of the session could admit of |it ; 
and the thanks of ihe people are due to His 
Excellency for his promptness in acceding to 
their wishes. 

The Message is, indeed, a document which 
ought to be studied by every individual in the 
country It is a direct emanation from His 
Majesty ; and is a free, clear, and candid ex- 
pression of his sentiments with respect to the 
various questions of importance which have 
so loui: agitated, and retarded the prosperity 
of this Province. It is, at t.!)e same time, the 
result of the frequent and mature delibera- 
tions of His Majesty, surrounded by all his 
legal and constitutional advisers. It is the 



105 

only authentic record in existence of the real., 
unbiased opinion of that au^just council on 
the public state of affairs in this counlry ; 
and of consequence, bf comes to the people, 
of this Province, as well as to its lejrislaiure, 
their only rule of conduct and guide — their 
only polar-star in leading to a definitive ad- 
justment of all our past disputes and differen- 
ces. There are some persons who will be 
guided by no authority however exalted — - 
who will bo swayed by no rule of conduct, 
however prudent and wise — except the dic- 
tates of their own vain and inflated imagina- 
tions. But with such persons, we would 
warn the loyal and the good of this Pjovince 
to hold no communion ; for they — the true 
and the lojal-— are as good judges of the 
rights of free-men as the loudest declaimer 
anci most brawling demagogue amongst their 
opponents. Let the honest and true, there- 
fore, think and feel, that the dorumeut in 
question is a direct appeal by His Majesty to 
their loyalty and good sense. It does not 
flatter our vanity, nor draw upon our ima- 
gination : neither does it yield one point 
with the view of cajoling us into a ready com- 
pliance with another. It sets forth the rights 
and privileges of all parties ; maintaining 
with a firm and manly grasp those belong- 
ing lo one side, and pointing, with a candid 
generosity worthy of its source, to the course 
which ought to be pursued by the other, in 
order to attain that cordial peace and perma- 
nent happiness which all seem to desire. It 
is not the manifesto of any party or faction. 



10(3 



It is neither the Creed nor the decalogue of 
an administration : nor is it the Circular of 
a proud unyielding minister, ready to tram- 
ple on right and justice for the attainment of 
iiis own ends. But it is the voice of the !aw 
itself, uttered by the Crown and its minis- 
ters, as the organs of the Constitution and 
government of the Empire— -it is in truth 
the law of the Empire, the dictates and prin- 
ciples of an Act of the Imperial Parliament, 
which neither the Crown itself nor any other 
individual power in the state can controul or 
alter. Knowing it to be such, it is our duty, 
ivithout hesitation or delay, to receive it in 
the spirit of enlightened men and loyal sub- 
jects ; ready to obey the law when the law 
speaks, and willing to yield when it is nei- 
ther our right nor to our advantage to con- 
tend. 

It is not our intention at present, to par- 
ticulHrize the general principles and posi- 
tions laid d6wnin the Message. We shall 
restrict our observations to that part of it 
alone wherein a judgment and decision is 
pronounced on the Financial Q,uestion---tho 
great question which has given birth to all 
those difficulties by which we are at present 
surrounded and menaced. Our observa- 
tions will also necessarily embrace the Reso- 
lutions voted by the House of Assembly in 
reference to this question. 

The position laid down in the Message is 
very simple and easy to be understood. 
His Majesty after stating his ronvicliou that 
the Provincial Legislature will cheerfully ac> 



107 

quiesce la every effort to reconcile past dif- 
ferences, looks forward with the hope, pecu- 
liar to his great mind and generous dispositi- 
on, to a period when no other subject will 
engage or engross the attention of the legis- 
lature, but " the best methods of advancing the 
prosperity and diiveloying the resources of the 
extensive and valuable territories comprised 
within His Majesty's Canadian provinces.^' 
With this vicAv, and the view of " obviating 
all future misunderstanding," His Majesty 
referring to the " serious attention" which he 
has bestowed on the discussions which have 
taken place in the province, " respecting the 
appropriation of the revenue,''' sets forth " in 
ivhat manner these questions may be finally ad- 
justed loith a due regard to the prerogatives of 
the Croicn as well as to their{the Legislature's) 
Constitutional privileges, and to the general 
welfare of his faithful subjects in Lower Cana- 
da/' Ills Majesty then states, " that the Sta- 
tutes passed in the 14th and 31st years of the 
reign of his late Majesty, have imposed up- 
on the Lords Commissioners of His Majes- 
ty's Treasury the duty rf appropriating the 
prociucc of the jevcnue granted to his Majes- 
ty by the first of tliese Statutes, and that 
wliilst the I^aw shall continue unaltered by 
the same authority by which it was framed, 
l}i3 Majesty is not authorized to place the Re- 
venue wn.. I cr th-?controulofthe Legislature of 
the province. 

'• The proceeds of the Revenue arising 
from the Act of the Imperial Parliament, 14. 
Geo. Ill, together with the sum appropriated 



103 

by tlio Provincial Statute. 35, Goo. TIT, and 

the duties levio<l under the rrovinoial Sta- 
tuK's n. («eo. Ill 0. l-'KV M, may 1><^ limited 
for the eurrent year at the sum of i.'M4,7(H). 

"The produee of tlio casual and territori- 
al revenue of the Crown and of fines and for- 
feitures may he ostimatoil for the same peri- 
od at the Slim of jL'3100. 

" The^e several sums makin{i- together tho 
sum of ,C\S<. 100, constitute the nhole esti- 
mated revenue arisinj;in this l*roviiict\whicli 
the Law has placed at the disposal of the 
Crown. 

** ffis ^faicstff has hccn plcasano direct that 
fioin this coUtrtivc trvftmr o/' £38,100 tht sa- 
larif of the ojjiccr a({minist( > j/iir the i;-ojrm- 
inento/thc l^rorincv ivul the salaries of the 
ju(fges should be defrai/ed."' 

What can he more concise — more explicit 
-—more candid. Hut what renders this com- 
munication of threefold value to the loyal in- 
hahitants of this rrovince is, its great and 
remarkahle consistency — its singular, its ex- 
act uniformity with every despatch, commu- 
uication and declarttiou that has ever been 
made to the Provincial Legislature on the 
subject of the financial question. This is 
no new or timeserving doctrine. It has not 
been got up to please a minister or a party — 
to keep the one in otlice. or screen the other 
from publick obloquy. It is the dictates and 
principh'sof our constitution. It has its foun- 
dation in acts of the Imperial anil i^rovincial 
Parliaments ; its interpretation in the solemn 
opiuiou of the highest legal authority of tho 



109 

State ; and its execution in the orders and 
instructiousof Mis Majesty ; aud these orders 
and instructions ever were, aod wo hope, 
ever will be, acted upon, to use the wordsof 
the Message, "Whilst the law shall continue 
unaltered hy the same authority by which it 
was framed." 

Unhappily for the country, however, the 
Ilouye of Assembly think, or at least sayg 
otherwise. Blinded by a sottish and brutal 
ignorance worthy of the darkest aji^es and 
raost barbarous people that ever iohubifed 
the face of theearth ; and goaded by an am- 
bition which can only bo satiated by the 
compleio and uncontrolcd possession of all 
the powers of government, this body denom- 
inating themselves a Legislative body, and 
the Representatives of a free and enlighten- 
ed people — contradict His Majesty, the law, 
and the Imperial Parliament, and contend 
that the control and appropriation of these 
jjrovincinl funds belong to them — and them 
alone ! To establish their unjustifiable posi- 
tion they have travelled over and over again 
all the rounds of the statue-book : they hfivo 
denied the plainest and clearest letter of the 
law ; they have rejected the most evident 
principles of the constitution : they have dis- 
torted facts : they hyve raked up the very 
kennels of oblivion for the remains of all those 
unnatural abortions which the stupidest of 
legislators — the most unprincipled of lawyers 
— or the most ignorant of polititirtns may 
have begotten in their wildest and mostfau- 
tastick reveries ; they have spurned the ad- 
7 



110 

vice and rocommcijdjition of IVTajesty itself; 
thoy liavo tlisbelioved aiul discrodited tlio 
dosj)<»t('lies of tho iuiiiis<tcr ; tlicy liavo often 
and oftori insulted tho Kiii;;'s repicsoulativo 
wliilo (•omtTUlllioatin^ these despatches : they 
have resolved and voted — disputed and 
ivranj^led— ])rinted and published — brawled 
and brayed — howled and hissed — kicked and 
cuded, until at last they gained their real ob- 
ject by r.nsii)}^ such an uproar autl ferment in 
tile country, tiiat nothing can ever extinguish 
but the strongest and ujost decisive measures 
that can possibly bo executed iu a free and 
independent state. I'^.xternal appearances, 
must, Imwever. bo preserved a little longer ; 
and perceiving that UKitters were not tpjito 
ripe for the l)low which they llloditat^Hl, they 
j)ut olV the event till a more convenient sou- 
sou, ami in the tneantinio amused tho coun- 
try, the people, and the government with 
another mock apptnl to the throne, but tho 
<lecisiou of which they neither iniendotl to 
ackuowleilge nor obey. In proof of this wo 
have only to refer to their own resolutions in 
answer to the Message. 

Tho present House of Assembly have a 
manner, as well as matter in all their pro- 
ceedings, that is peculiar to themselves. — 
They are men of mode as well as of action. 
The aufioni methoti of siting about business 
and performing their work they despise. — 
The "•march of inttlU'ct'" hns made extraor- 
dinary progress and wrought marvels amongst 
them. Innovations have been made on the 
most simple operations. 



Ill 

An axe for the future, must not be takea 
by the h«ii<ll<; hul by the edij^a of the weap- 
on itself. A sriw must bo ^^raspcfJ Ijy the steel, 
and the vvooci severed with the frHme. Eve- 
ry fashion?»hle tahle muHt he furnished with 
the shovel find tonp;« instead of knives and 
forks. The tail of every heau's coal must he 
worn upwards ; and every fashionable lady 
who h'ds any regard for her reputation, must 
wear rinpis on her toes instead of her fingers, 
and in her nose instead of her ears. Not less 
ridicidous, certainly, are the innovations al- 
ready introduced, and abf)ui to be introduced 
into tha procccfJioffs of our House of Assem- 
ly. VVIi?»iiever a member vvishos to carry a 
favourite measure, or to pass what he may 
conceive to be a most excellent law, ho has 
nolhitig to do but simply perform the necessa- 
ry oj>eration in his own mind on some given 
preceding night — write down his law or his 
resolutions — carry them in a corner of his 
pocket up to the Assembly — stand up bare- 
paied in hig |)lace— -read them— -and presto, 
the business isdonel 'J'he ears of the sage 
and patriotick gentleman is immediately and 
clamorously assailed by the "ot;is" — Anglice 
" yt.ah" — of almost every inrlividual in the 
liouse. it is quite unnecessary for the learn- 
c<l gentleman to give himself any trouble 
with preliminary explanation of the nature 
and object of his measure. The mere recit- 
al of his resolutions is quite enough. Men's 
minds are now more sensitive and penetrat- 
ing than before. They intuitively perceive 
an object without the old-fashioued aid of 



112 

any explanation or reasoning whatever.— 
Oratory has now become too old-fashioned a 
conjiDodity to bo thrown away in our pub- 
lick deliberative assemblies for nothing; and 
one short resolution is worth twenty long 
speeches. So no doubt, thought Mr. Neilson 
— at least, so he acted when, on the fifth of 
the present month of December, in the year 
of our Lord, 1828, he submitted his famous 
resolutions in reply to His Excellency's Mes- 
sage. 

This gentleman, knowmg from long ana 
successful experience, the mute and passive 
disposition of his fellow-representatives, drew 
his resolutions from his pocket, aad with a 
confidence worthy of his knowledge, silently 
presented them to the house. Wrapping 
himself carelessly up in the mantle of what 
Mr. Stuart happily denominated a " prede- 
termined majority,'' he condescended merely 
to solicit the concurrence of the bouse as a 
matter of course .' It ought to be well ob- 
served and long remembered, that among the 
fifty individuals who constitute the House of 
Assembly of Lower Canada, there were only 
six who spoke on one of the most nionnen- 
tous questions that ever occurred in the de- 
liberations of a Colonial legislature ; this 
question beino; in reality, however, much it 
may be airerapted robe disguised — whether 
this province is longer to endure the legisla- 
tive supremacy of the Mother Country ? 
Three of those six, be it observed, were on 
either side of the debate. As to the rest, Ba- 
laam's Ass was a prince among orators— a 



113 

very Dcmostbeues, a Cicero, a Chatham, a 
Burke— in comparison with them ; for the 
honest brute spoke most rationally and to 
the question when knocked on the head, an 
experiment, which we are sure, might fre- 
quently be essayed to no purpose in the As- 
sembly. These silent gentlemen— these 
mute automatons— came thereto act, not to 
prate, to vote, not to speechify. It is not at 
all requisite that they should be well-inform- 
ed as to the proceedings of the house. They 
are sent there by three hundred thousand e- 
lectors who can neither read nor write ; and 
they are fully satisfied that one speaker or 
leader for every hundred thousand is a fair 
and just representation. What an excellent 
commentary on Mr. Huskisson's story of the 
Crosses to the petitions of grievances ! The 
truth is, and it is high time the truth should 
be known-"that there are not six members 
on the major side of the house who can dis- 
course for ten seconds with any rational por- 
tion of judgment on the simplest question of 
our constitutional laws ; and we Avill bet a 
rump and dozen, that there are not tivelve 
men in the whole house who can tell the dif- 
ference between a monarchical and deraocrat- 
ick government, or between the British con- 
stitution and that of the United States of A- 
merica ! Yet these are the individuals who, 
not only arrogating to themselves the wis- 
dom and discretion of an enlightened legisla- 
tive body, but the possession and control of 
all the executive powers of government, have 
reduced this province to a state of anarchy, 
7* 



114 

and boldly persist, by their insane ignorance, 
in rejecting every measure calculated to res- 
tore the peace of the province and save the 
people from impending ruin. Let no man 
tell us that all this is mere declamation. We 
utterly scorn the mean alternative. Our ob- 
servations are founded on truth— self-evi- 
dent and undeniable truth ; and that they 
are so, we have only to refer to the senti- 
ments and opiuions set forth in the resolu- 
tions under consideration. 

The first ofthese Resolutions states, ^^ that 
the House derived the greatest satisfaction from 
the gracious expression of His Majesty'' s be- 
neficent vieivs towards this province,'^ yet, as 
if sorry and ashamed that any complimentary 
expressions, even to their Sovereign, should 
have passed iheir lips, the majority of the 
house, in the second resoluiioo, hasten to de- 
clare that they have " Nevertheless observed 
with great concern, that it may be inferred from 
that part of the Message which relates to the ap- 
propriation of the revenue, that the pretension put 
forth at the commencement of the late Admin- 
istration, to the disposal of a large portion of the 
revenue of this province may be persisted in.^^ 

This is extraordinary language, both as to 
style and sentiment, to be held forth to a con- 
stitutional Sovereign, who has, and who can 
have, no other object, to use his own words, 
but the " Welfare of his faithful Canadian 
Subjects;" and whose present communica- 
tion to the legislature of this province is 
founded not only on the general constitution 
of the Empire, but on solemn acts both of 



115 

the Imperial and Provincial Parlifiments.— > 
The sZ/y/e, however, we pass over wiih that 
silent scorn and iniii{<nation hfeoniiu^ the 
loyal subjects of one oC the greatesr, and best 
of Sovereigns, thanking our stars, we have 
been reared in the conviction, that the stern- 
est of publick duties is not incompatible at 
once wit!t decent manners, and the language 
of sobriety and respect. As to the seutimet ts, 
having somewhat to say to them, and being 
convinced that the example of history is the 
best possible mode of instruction, if not of 
conviction also, we shrdl here enter into a 
brief historical detail of the Permanent Rev- 
enue of the province. By this means we hope 
to be able to say, with unerring certainty, oa 
which side the ^^ pretension'^ really and truly 
lies. 

When Great Britain conquered Canada — 
plucked it from the tyrannical and despotick 
grasp of old France---rescued the Fathers of 
the House of Assembly fiom feudal bondage 
and slavery— and restored them to the free- 
dom and independence of the British Con- 
stitution, it was found thai certain duties im- 
posed upon the importation and exportation 
of merchandize were the principal means ex- 
isting for the support of the govermiifint of the 
coiony. These finances, which perhaps did 
not exceed seven or eight thousand pounds 
sterling per annum, were at ihe etitire dispo- 
sal and administration of the Intendant, au 
oiiicer in the French government who, by his 
commission, was authorized to exercise, fully 
and freely, all those powers of appropriation 
7** 



116 

anJ control -which at present constitute the 
primary ambition of the Assemhly. The 
po^versofthe Intendant, indeed, were such 
as we should not like to see engrossed by ;iny 
one individual brr.nch of our government, 
free and mixed as it is. He not only enjoy- 
ed the right of collecting and disposing, but 
of levying and imposing it also in any man- 
ner most suitable to his wishes and inclina- 
tions, not to the circumstances and good-w ill 
of t).o People, who, until the conquest, w e,re 
consulered as mere military slaves and feudal 
tile tins, without a voice in the government or 
itluiince in the state. As soon as the defini- 
tive treaty of Paris bad been signed, the llrit- 
ish government appointed a " Receiver-Gen- 
eral, ami collector* of the royal patrimony 
rents, revenues, farms, taxes, tythes, duties, 
unports, profits and casualties, arising within 
the province of Quebec," with power to 
' a})ply the monies which should come into 
his hands of the said duties and revenues in 
the ursij>lace for and towards defraying the 
necessary expense of Government, and the 
necessary charge of mnn;igiog the revenue 
under his care ; remitting home by good 
bills of exchange the surpluses of the monies 
which from time to time should remain in 
his hands after payment of those expenses, in 
order that the saiiie nnght be applied to the 
reimbursing the publick here, (in Great Brit- 

■• Thomas Mills, Esq. was the first apf)oin- 
lod to this oHice, and his commission is dated 
the lOthof Julv, 17G5. 



aio,) the monies that had been necessariiy 
a'vanced for that purpose, by reason that 
t.>o aforesaid duties and taxes had not been 
levied within the two years last past." In 
this way the above duties coniiuued to be 
levied, collected and appropriated or applied 
till the year 1774, when the celebrated act, 
14th Geo. III. cap. 88., was passed by the 
Itiiperial PHrliament. This act is entituled 
*' An act to establish a fund towards further 
defraying the charges of the administration of 
justice, and support of the civil govevnment 
within tJie province of (Quebec in America.'''' — 
By This act all the duties which were imposed 
on floods imported into, or exported from, ibis 
province untler the authority of His Most 
Christian Majesty, were discontinued from 
and after the 5th day of April, 1775 ; and in 
lieu thereof the several rates and duties there- 
in mentioned, were ordered " to be raised, 
levied, collected, and paid unto His Majesty, 
his heirs and successors lor and upon the res- 
pective goods herein-after mentioned, w'bich 
shall be imported and brought into any part 
of the said province over and above all the 
other duties now payable in the said province 
by any act or acts of parliament," It was 
then enacted " That all the monies that shall 
arise by the said duties (except the necessa- 
ry charges of raising, collecting, levying, re- 
covering, answering, paying and accounting 
for the same) shall be paid by the collector of 
His Majesty s customs into the hands of His 
Majesty's Receiver-General in the said prov^ 
iucefor the time being, and shall be applied 



118 



ill tlio fust place iu makiiip; a nioro cci'taiii 
aiul ;i(Uu]uato provision low.irds tlclVayinp, 
tho expensos of tlio Civil Adniitiistratiou of 
Justice and of tho support of iho Civil (lov- 
erninout of tho said proviuco ; and that tho 
Lord Treasnror or Counnissiouers of llis 
Majosty's Treasury or any two or throe of 
theui for the time hoing, shall be, aud is or 
are iierchy iinpovvored from time to time hy 
any warrant or warrants under liis or their 
hand or hands to cause such money to be ap- . 
plied out of the said |)roiluce of tho said du- 
ties towards defraying tho said expenses ; 
and that the residue of the said duties shall 
remain aud he reserved iu the iiauds of tho 
said Kecoiver-General, for the future dispo- 
sition of Parliament." 

J5y this law the Lords Commissiouors of 
His Majesty's Treasury hecame fully invest- 
ed with the uncontrolahle power of applying 
or appropriating tho duties imposed iu virtue 
of its euactmeuts towards deirayiug the ex- 
peuces of tho admioistratioQ of justice, aud 
of the support of the civil Covernmeut of the 
Trovinco, so far as the amount of these du- 
ties Kould admit of such appropriation.— 
But these Commissioners have always dele- 
gated their authority to the Governors of tho 
Province, all of whom, in tho execution of 
such authority, and iu obedience to the con- 
curriug commands aud instructions of His 
Majesty, have always appropriated the rev- 
enues iu question for the purposes described 
in the act itself, without beiug subjected to 
tho coutroul of any authority whatever iu the 



119 

Province. Indeed, until the passing of the 
(.'onsti'ulional act, in \7l'l, there existed no 
power or authority in the Province which liad 
the niiUt to call into question these ap- 
propriations ; and even then, as %vill present- 
ly he seen, ifio new conslitulional hodies cre- 
ated hy thai act neither arro^iated to thf:m- 
selves, as some of ihern have since done, nor 
received fVom Parliament any the srnal!t-st 
rij^htto interfere with the delegated powers 
of the Lords Conimissioncrs of the Treasury. 
In 1/9.5, however, four years after the pas- 
siii;^ of the Con.itilutional act, it was discov- 
ered, that the perrnaneni revenue created, as 
ahove, by the act of 1774, wa.-» inadequate to 
the purpofees for which it had been raised ; 
and the provincial legislature of that day not 
wishing like the present, that the arms of 
the government should he shortened, or any 
of their powers dissolved, pas^.ed an act of 
which this is the title :-— " An act for grant- 
ing to lli.j Majesty an additional and newdu- 
ties on cert&ia goods, wares, and merchan- 
dizes, and for approj;riating the same tow- 
ards further dff raying the charges of the ad- 
Uiinistr-itiou of Justice, and support of the 
civil governnricnt within this Province, 'ujd 
for other purposes therein mentioned." The 
sum con-iigued armually into the hand-, (»(^ His 
Majesty by this act, was/n/C thouaaiid pf/vnds 
stfirling; audits authors, imitating the words 
and intentions of its imperial prot jtypo of 
1774, ordained, that *' th'O due application of 
all such moniespursuaut to the direcfions of 
this act, shall be accouatcd for to His Ma- 



120 

josty, liis lieirs, and successors, tlirough the 
jordtt commissioners of His Majesty's Treas- 
ury, in sucIj manner and form as His Majes*- 
ty, his heirs and successors shall direct." 

It will hero be observed, that the Leg;isla- 
latnre of 1795, so far from claiminji; the " in- 
herent righV^ of appropriating the revenue 
created by the imperial act of 1774, added, 
by a free and voluntary enactment of their 
own, a considerable sum to it, to be applied 
and accounted for in the same manner as the 
orginal act of the Supremo Legislature : thus 
---not tacitly, nor constructively, but openly 
and spontaneously— declaring their own in- 
capacity to interfere with the rights of their 
Sovereign. Is it possd.de to adduce stron- 
ger or more conclusive evidence of the ab- 
surdity and injustice of the claims of the 
present Assembly, than this abstinence from 
executive intervention on the part of their 
j)redecessors of 1795/ The assembly of 
that time were in possession of every legal 
and constitutional right that can possibly be 
kcnjoyed now ; and surely we cannot thin 
so meanly of them as to believe, that if they 
really possessed any authority over the Crown 
revenues, they were destitute of sidiicient 
courage to claim and exercise it. The act 
of 1771 was then as much in force as it is 
now ; and the provisions of the subsequent 
constitutional act of 1791, were then as ex- 
tensive and as well understood as they are 
now. His Majesty was therefore left in the 
peacea )!e enjoyment and disposal of his rev- 
enue, which he augmented still further by 



121 

the casual and territorial revenue of the 
Crown, and fines and forfeitures ; making 
together, as stated in the Message of the 29th 
of Novemher last, the sum of £38,100. This 
far, then, it is pretty clear, that the " preten- 
sion put forth to the disposal of a large por- 
tion of the revenue of this Province," was 
not the act of the *' late administration." 
Towards the year 1810, another spirit and 
more dangerous principles were infused into 
the House of Assembly hy the introductioa 
of new members, pretending to wiser heads 
and more courageous hearts than any of their 
predecessors. These gentlemen, instigated 
by along-cherished conviction that no barrier 
remained between them and the entire pos- 
session of all the powers of government, as 
■well executive as legislative, except the 
right to control and apply ihe whole public 
revenue of the Province, prevailed upon the 
House of Assembly to make an offer to the 
King of " Ihe necessary sums for defraying the 
civil expenses of the government of this Prov- 
ince/^ This step having been taken ofa sud- 
den by a dark and intriguing majority of the 
Assembly, without any motion or suggestion 
of the Crown, or the concurrence of the 
Legislative Council, its unconstitutional as- 
pect was perceived by all men, whjie but 
few were able to penetrate into the ulterior 
and real objects of this majority. His Ex- 
cellency Sir James Henry Craig was one of 
these few ; and the answer of this stern but 
constitutional Governor to the Assembl3% 
■when they approached him with their novel 



, 122 

offer, can never be sufficieatly admired. His 
Exceileocy firmly and candidly told them, 
that their offer was not constitutional, inas- 
much as the usage of the Imperial Parlia" 
ment forbade all steps on the part of the 
people towards grants of money which were 
not recommended by the Crown ; and that, 
although by the same parliamentary usage, 
all grants originated in the Lower House, 
yet they were ineffectual without the con- 
currence of the Upper House. For these 
reasons His Excellency conceived the ad- 
dress brought up by the Assembly to be un- 
precedented, IMPERFECT IN FORM, and being 
merely founded on the resolutions of that 
House, without the sanction or concurrence 
of the Legislative Council, must be ineffectu- 
al. His Excellency thought it right, how- 
ever, to apprize His Majesty of their present 
proceedings and offer, however imperfect in- 
form and unconstitutional in matter. Con- 
sidering the views of the Assembly, it may 
be easily imagined that this answer acted 
upon them some*ivhat similar to the effects of 
a first discovery upon the nocturnal delibera- 
tions of a band of assassins or resurrection- 
men. The plot was evidently discovered, 
and the first step taken towards its accom- 
plishment utterly destroyed. They thought 
the road to the sole and complete controul of 
the public revenue, and by consequence, to 
all the powers of government, entirely open. 
The guardian of the public welfare, who met 
them so sternly in the path and pushed them 
back to their original ground, was therefore, 



123 

and forever declared a public enemy ; and no 
wonder if the administration of Governor 
Craig was afterwards one of unprecedented 
aggression and turbulence on the part of the 
House of Assembly, Had the Assembly at 
this time imposed upon themselves the bur- 
then of any 6a/«:7Mce that might be necessary 
for the support of the civil government and 
administration of justice in aid of the per- 
manent funds cdready at the disposal of gov- 
ernment the oifer would have looked and 
sounded better, however unconstitutionally 
mcide ; and would have proved that the As- 
sembly both studied and understood the true 
interests of their country. But to have come 
thus up with an offer to defray the whole ex- 
penses of the government, in hope that Hjs 
Majesty and Parliament would at once fore- 
go their pre-existing rights and revenue, ex- 
hibited them in the character of the greatest 
asses and blockheads that everexisted. How- 
ever, that man must be either exceedingly 
simple and stupid, or exceedingly wicked and 
hypocritical, who never exhibits symptoms 
of mortified ambition ; and we accordingly 
find, that the leaders of the x'\ssembly have 
ever since become at once more openly loud 
and clamorously urgent in their demands, 
whether they relate to the finances of the Prov- 
ince, or other qaestious of constitutional gov- 
ernment. In the meantime, down till 1818, 
the permanent revenue continued to be ap- 
plied by the Crown as usual ; and the claims 
of the Assembly to that revenue continued 
anmooted for eight years loBger,duriBg which. 



124 

neither was any step takea by Govern meat 
to encourage their pretensions. 

On the 7ih of January, 1818, the Legisla- 
ture met. Sir John Coape Sherbrooke, was 
Governor, In the opening Speech His Ex~ 
ceZ/fr^wc?/ informed the Assembly, that he was 
commanded to call upon them " to vote the 
sums necessary for the ordinary annual ex- 
penditure of the Province." When, in pur- 
suance of these commands, the estimates for 
the civil list were sent down to the Assem- 
bly, the purport of the word " necessary" 
here maJe use of, became more obvious. 
The estimates amounted to £73.646 8 9. 
From this sum, however, there were deduc- 
ted £33,383, being the average for the last 
three years of the amount ofthe funds already 
provided by law for the support of the ad- 
ministration ofjustice and the civil govern- 
ment. The balance of £40,263 8 9 was 
consequently left to be provided for by the 
Assembly. Ovserve that they were not cal- 
led upon to provide for the £73,646 8 9 the 
•whole and entire sum necessary for the civil 
list, but for the £40,263, 8 9; the difference 
being already provided for by acts ofthe Im- 
perial and Provincial Parliament, namely, 
the 14 Geo. III. cap. 83. and the P. S. 35 
Geo. III. cap. 9. with neither of which the 
Assembly had now nothing to do, either di- 
rectly with themselves, or indirectly with the 
funds created in virtue of their authority. 
And to do the Assemblyjustice, they for once, 
at least, understood the matter in this light. 
Their vo(e on the occasion, though uncoasjti- 



125 

tutlonal in point of form, not having the con- 
currence of the Legislative Council, is a me- 
morable record of the fact. It states, " that 
the Kouse having taken into consideration 
His Excellency's recommendation on the 
subject of the expences of the Civil Govern- 
ment of this Province, for the year 1818, 
have voted a sura, not exceeding £40,263 8 9 
currency, towards defraying the expence of 
the Civil Government of this Province, for 
the year 1818, exclusive of the sum ah-eady 
appropriated by law ; but that the peculiar 
circumstances which have prevented the 
House from receiving at an earlier moment 
the estimate of the civil list revenue and pub- 
lic accounts ; and the advanced state of the 
Session not admitting the passing of a bill of 
appropriation for the purpose, they pray His 
Kxcellency will be pleased to order, that the 
said sum, not exceeding £40,263 8 9 curren- 
cy, be taken out of the unappropriated monies 
which, are now, or hereafter may be in the 
hands of the Receiver General of this Pro- 
vince, for the purposes aforesaid ; and assur- 
ing His Excellency, that this House will 
make good the same at the next session of the 
Proviucial Parliament." The act passed 
next session to fulfil this engagement, directed 
the above supply " to be charged against the 
unappropriated monies in the hands of the 
Keceiver General of this Province, which 
may have been raised, levied and collected 
under and by virtue of any act or acts of tho 
Legislature of this Province." 

This far tho House of Assembly acknow- 



126 

ledgetl aad recognized the provisions of the 
14th and 35th of the King, above recited. 
Not only so, but the vote of 1818, and the cor- 
responding act of 1819, are to all intents and 
purposes a declaratory law upon this sub- 
ject; for that vote and that act clearly and 
explicitly acknowledge a fund " already ap- 
propriated by law, and expressly reaounce 
all right of interference with any monies in 
the hands of the Receiver General, except 
those raised, levied and collected under and 
by virtue of any act or acts of the Legislature 
of this Province." There being no change 
either in these laws, or in the general or con- 
stitutional circumstances of the Province, it 
appears, therefore, passing strange to every 
intelligent mind, upon what foundation ia 
common sense, equity, or justice, the House 
of Assembly have ever since been endeavour- 
ing to rear such a buge and shapeless fabrick 
of pretensions to the disposal and control of 
the entire funds of the Province without dis- 
tinction. Every honest man, who views the 
subject impartially, is amazed at such pro- 
ceedings ; and naturally concludes, that, as 
there appear no good or just grounds for such 
presumption, some bad and erring principles 
must inevitably be at work. " Nevertheless," 
from the year 1819, to the year 1829, the 
house of Assembly have never ceased nor 
slackened in their endeavours totally to throw 
aside the authority of the 14th Geo. III. cap. 
88, and to invest themselves in the entire re- 
venue of the Province. That they have been 
resisted and obstructed In their seditious and 



127 

rebellious march — that they have been cor? 
responded with, argued with, and reasoned 
with, by every power in the state, from the 
King on the throne to the humble individual 
who now addresses them — alas the journals of 
the legislature and the press of the country 
bear ample evidence. Nor has this resistance 
been confined to certain periods or individu= 
als. The Duke of Richmond, who succeed- 
ed Sir John Coape Sherebrook, as Gover- 
nor, adhered to the principles laid down id 
the estimates of his predecessor; but his pre- 
tensions, though borne out by the Legislative 
Council, who very properly threw out aa 
infamously unconstitutional bill of supply 
sent up to them by the Assembly, failed ia 
receiving the concurrence and approbatioa 
of the Assembly. In the last speech of that 
excellent and high-minded nobleman to the 
Legislature, he plainly and candidly stated, 
*' It is with much concern I feel myself com- 
pelled to say, that I cannot express to you, 
Gentlemen of the Assembly, the same satis- 
faction, nor my approbatioa at the general 
result of your labours, (at the expense of so 
much valuable time) and of the public prin- 
ciples upon which they rest, as recorded ia 
your journals. You proceeded upon the 
documents which I laid before you, to vote a 
jiart of the sum required for the expenses of 
the year 1819 ; but the bill of appropriatioa 
which you passed was founded upon such 
principles, that it appears from the journals 
of the Upper House, to have been most con- 
stitutionally rejected." Was this, let us 
8 



here again ask, ^^ a ■prcfnision put forth ty 
the late Administration V 

Wc uow approach tho '* commencement of 
the talc administration ; those of Mr. Monk 
and !Sir Peregrine Maitland being too short 
to admit of squabbles on the subject ofli- 
iiancc, though impossible to be so much so as 
not to admit oi' any topick of Legislative dif- 
ference. Lord Dolhcusie arrived in Canada 
in ]8'20, on the anniversary of the Battle of 
Waterloo! We are not superstitions— no, 
not wc ; but this was an event u hich no 
have always considered as ominous, if, in- 
deed, of bad, still of good. The great con- 
queror of Waterloo had arduous physical and 
scieniifitk duties to perform, lint he who 
attempts, like Lord Dalfiousie, to eradicate 
French ignorance, and conquer French prej- 
udice, will have a still more difficult task to 
execute. However, now that the two he- 
roes are once more tojjether, let us hope, they 
will between them, at least put an end to the 
legislative diiiereuces of this Province, if not 
10 the whole dilliculties that surround us. 

What the ''laie administration'" itself said, 
or did, or pretended, with respect to the pub- 
lic revenue oi this Province, we shall not re- 
fer to, but appeal directly to those supreme 
and acknowiciiged authorities in the state 
which all parties aflect to respect, however 
reluctant to obey. On the instructions and 
despatches furnished to Lord Dalhou^ie in 
IS'iO, and I8til, were founded all his meas- 
ures on the financial question. Whatever 
may have been the individual sentiments of 



129 

His Lordship on that subject — and we have 
reason to know that they were as soand as 
they were constitutional— f/te^ were not oh- 
truded on the legislature ; no communica- 
tion having been made to that body, especial- 
ly the House of Assembly, which was not 
the counterpart of instructions received frorti 
His Majesty's Imperial Government. Hfid 
the case been otherwise, and had his Lordship 
acted from no other construction of the con- 
stitution than his own, and obeyed no com- 
mands but the dictates of his own mind, he 
was exceedingly happy in the constant and 
unhesitating approbation of his Sovereign. 
As it was, his conduct could not be other- 
wise than approved of by the same source 
whence both his instructions and the whole 
basis of his public conduct emanated. The 
extent and importance of this approbation, 
we shall now consider. 

The first intimation which reached the As- 
sembly of the real sentiments of the. Imperial 
Government on the subject of the financial 
disputes, was contained in a despatch from 
the Colonial Minister, Lord Bathurst, to the 
Lieut. Governor, Sir Francis Burton, dated 
the 23d November, 1824.* These despatch- 
es are accompanied by the official opinion of 
the law-officers of the crown, to whom were 
referred a report made by the Assembly uj-oa 
the provincial accounts," in which a ques- 
tion is raised as to the right of government 

* Lord Dalhousie, was in England on leave 
of absence at this time. 



ISO 

to apply the proceeds of the revenue arising 
froTD the 14th Geo. III. cap. 88, as they have 
invariably been since the passing of the act, 
towards defraying the expenses of the ad- 
Mioistration of justice, and the support of 
the civil government of his Majesty, without 
the intervention of the Colonial Administra- 
tion ! His Majesty's Law-Officers, who 
were the present Lord Chancellor and At- 
torney General, then go on to state : 

" Incompliance with your Lordship's re- 
quest, we have taken the same into our con- 
sideration, and beg leave to report for the in- 
formation of His Majesty, that by the 14tb 
Geo. III. cap. 88, tlve duties hereby imposed 
are substituted for the duties which existed 
at the time of the surrender of the Province to 
His Majesty's Arms, and are especially ap- 
'propriated by the Parliament to defray the 
expenses of the Administration of Justice, and 
of the support of the Civil Government in 
the Province. 

" This Act is not repealed by the 18th 
Geo. III. cap. 12, the preamble of which de- 
clares that Parliament will not impose any 
duty, &c. for the purpose of raising a reve- 
nue ; and the enacting part of which states, 
that from and after the passing of this act, the 
King and Parliament of Great Britain will 
not impose and accept only, &c. the whole 
of which is prospective, and does not, as we 
thmk, affect the provisions of the Act 14th 
Geo. III. cap. 88. It may be further ob- 
served, that if the 18tb Geo. HI. had repeal- 
ed the 14th Geo. III. the duties imposed by 



131 

the latter act must immediately have ceased; 
and the Act. 18th Geo. III. caonot affect the 
appropriation of the duties imposed by the 
14th Geo. III. since the 18th Geo. III. is con- 
fined to duties thereafter to he imposed, and 
imposed also for purposes different from those 
which were contemplated by the Legislature 
in passiuiSf the 14th Geo. III. viz. the regula- 
tion of commerce alone. 

" We are further of opinion, that the act 
14tb Geo III. cap. 88, is not repealed or af- 
fected by the 31st Geo. III. cap. 31. It is 
clear that ii is not repealed ; in fact, as we 
observed, with respect to the 18th Geo. III. 
if the act had been repealed, the duties must 
immediately have ceased ; and as to the ap- 
propriation of the duties, or the control over 
them, nothing is said upon the subject either 
in the 46lh or 47th section, or in any other 
part of the Act 31st Geo. III. cap 31.' 

" With respect to any inference to be drawn 
from what may have taken place in Canada, 
"within the last few years, as to these duties, 
it may be observed, that the duties having 
been imposed by Parliament at a time w hen 
it was competent to Parliament to impose 
them, they cannot be repealed, or the appro- 
priation of them in any degree varied, ex- 
cept by the same authority. 

We have the honour, &c. 

,„. ,. J. S. COPLEY, 

tcjigneci) ^^^g WETHERELL." 

Earl Bathurst, S^c. 8>fc. 
Colonial Department, Downing Street, 
2Qt/i June, 1823. 

8* 



Nothing can be more distinct ami explicit 
than this. It is the highest legal authority in 
the nation; and when sanctioned by along 
course of practical operation of the law it- 
self, and the general opinion of sensible men, 
ought to be irresistible. Nor was it hid in a 
corner ; for upon the nneeting, in 1824, of 
that session of the Legislature in which the 
Lieutenant Governor presided. His Excel- 
lency gave verbal communication of it to the 
Speaker and many Members of the Assembly. 
But the Assembly were not to be driven from 
a position so long and tenaciously maintained 
by a mere declaration of the opiaion of the law 
oflicers of the crown. The interests of the 
Province, ihey said, were at stake ; and their 
own ideas, they thought, were fully adequate 
to the maintenance of those interests. In 
proceeding, therefore, during that session, to 
discuss a Bill of Supply, they entirely over- 
looked this communication, and passed a 
bill, founded on their old claim of exclusive 
right to the disposal of the permanent reve- 
nue of the crown, and calculated to raise th© 
greatest alarm among the friends of the con- 
stitution. How this bill passed the Legisla- 
tive Council we shall leave to bo explained 
by those who are better acquainted than our- 
selves with the intrigue by which the meas- 
ure was effected ; having no curiosity to pen- 
etrate into the sanctuary of state chicanery, 
especially when the results do not reflect 
credit on the public business of the country, 
la the despatch which accompanied this bill 



to ED{?lan(l, the Lieut. Governor expressed 
Jiis " infinite satisfaction, that the differen- 
ces which had so long subsisted between the 
legislative bodies on financial matters, had 
been amicably settled," and " that the As- 
sembly had decidedly acknowledged the right 
of the crown to dispose of thie revenue arising 
out of the 14th Geo. III." It is very evi- 
dent, from the whole strain of this despatch, 
that the Lieut. Governor thought sincerely 
what he wrote. But upon perusing the bill, 
the Colonial Minister was of a very different 
opinion ; and in his long explanatory des- 
patch of the 4th of June, 182.5, to the Lieu- 
tenant Governor, and communicated by mes- 
sage to the Assembly by Lord Dalbousie, on 
the 14th March, 1826, the Minister says, — " / 
regret that it is not in my poiver to consider this 
arrangement as in any degree satisfactory. 
The special instructions which had been giv- 
en by His Majesty's command to the Govern- 
or General, in my despatches of the 11th of 
September, 1820, and 13tb September, 1821, 
had imposed upon him the necessity of re- 
fusing all arrangements that went in any de- 
gree to compromise the integrity of the rev- 
enue, known by the name of the permanent 
revenue ; audit appears to me, on a careful 
examination of the measures which have 
been adopted, that they are at variance with 
those specific and positive instructions. " 
The minister goes on to say, " the appropri- 
ation of the permanent revenue of the crown 
will always be laid by His Majesty's com- 



] 3 ''J 

maud boforo the Uoiise of Assembly, as a 
<locumiMit (or their iiiri)rmatioii, and for tho 
,",0!ioral ro{:,uIatioii of their i»r()ceedings. They 
Avill therein soo vvliat services are aheady 
|>rovidod for by ihc crown, and what ix'niains; 
lo bo provided for by the Legislature, and 
they will be thus assin-ed, that the proceeds 
of the revenue of the crown, (whether nioro 
<)r loss, or from whatovor sources derived) 
will exclusively and invariably be applied 
under the (li.srrction of tho Jving's {j,overn- 
luent, for the benefit of the I'rovince." IJis 
Lordshi[) concludes thus-— " As tho bill is 
liiuited to one year, I shall not think it ne- 
cessary to reconmiond to His Majesty to 
disallow it, but conlino myself to insiructing 
his JMnjesty's re])resentativo in the Provinco 
of Lower (>anad;i, not to sanction any meas- 
ure of a similar nature." Again, " iras this 
a prt'tenson set forth at the coniinencemcnt of 
the late ailministration V 

But this is not all— The Assembly and 
their friends out of doors, fmding by thesteru 
determination of Lord Oalhousie to al)i<le by 
the instructions thus and otherwise conveyed 
to him, got up petitions to the im])erial gov- 
ernment and parliament in aid of thoir pre- 
tensions. In a country, like Canada, where 
the bulk of tlio people are ignorant, unedu- 
cated, and credulous, this is an easy business 
on the part of their representatives, w'ho to 
secure belief, have only to state their own 
view of the subject, no matter however wild 
or improbable ; their constituents being gross- 
ly ignorant of the publick aJtlairs of thecoim- 



135 

try, except as represented to iljonri tfirough 
the distorted channel of ambitious and de- 
signing dcrifigo^ucs, who alone, from na- 
tional communion of language and manners, 
can secure any kind of access to the minds 
of the French Canadians. The petitions, 
Avhich may be said to be only the petitions 
of a party in the House of Assembly, were 
entrusted to three delegates, who proceeded 
to England, and laid them before the King 
and parliament. The English population of 
th« province, actuated by the proverbial con- 
fidence of Bkito>s in the integrity, wisdora 
and liberality of the Imperial parliament, 
and resting satisfied with the mere truth and 
justice of the cause which they espoused, be- 
ing that of the King's Representative, pro- 
ceeded no farther than a simple expression 
of their sentiments in addresses to that dis- 
tinguished nobleman ; approving generally 
of his conduct, but especially applauding his 
unswerving per=everance in resisting the 
pretensions of the Assembly. Matters were 
now at issue before the Imperial Parliament. 
Mr, Huskisson, whilst there slating the views 
of His Majesty's Ministers on the legislative 
difficulties existing in this province, and so- 
liciting a select committee lo take them into 
consideration, with respect to the question 
under discussion, explicitly stated, that the 
duties levied by the act of J 774, in lieu of the 
old French ones, were hryaa fide, the jjerma- 
ry-nt rtvfMUc. of the Crovm. lie then goes on 
to say :— " I believe there is no lawyer in 
this country, noriudeed any one in the least 



136 

acqufiinted with the relative situation of the 
parlies, who will deny, that as long as the 
Crown appropriates that revenue to the ad- 
ministration of justice in Canada, and to its 
civil government pursuant to the act of 1774 
—as long as it fulfils all the conditions re- 
quired by good faith towards the Canadians, 
no one, 1 say will deny its right to prescribe 
the mode in which the revenue, consistently 
with that act, shall be expended. There is, 
I am sure, none who will not say that the 
pretensions of the Legislative body lo take 
the whole management of this money into its 
own hands, are neither founded in law nor 
practice." — There was not an individual ia 
the House of Commons who could contra- 
dict this. Nor did the Canada Committee, as 
it has been called, venture on opposite grounds, 
however much disposed, from party views, 
to side with the House of Assembly. The 
reportofthe Committee on this subject, is ia 
these words : — " From the opinion given by 
the law officers of the crown, your committee 
must conclude, that the right of appropriating 
the revenues arising from the act of 1774, is 
vested in the crown." And, founded on all 
these legal and legislative opinions, the late 
message to the House of Assembly distinctly 
declares, that ** His Majesty is not authorised 
lo place the revenue under the control of the 
Legislature of the Province.''^ 

More we will not, and need not say upon 
this subject. All we ask of the candid, the 
generous, and the unprejudiced, is, to peruse 
our narrative ; aad brief and incomplete as 



137 

il is, "we have no manner of hesitation to a- 
l)ide by their judjiment ; assuring ourselves 
they cannot do otherwise than say with us, 
that the '^pretension''' said in the Resohitions 
of the Assembly to have been ^^ put forth at 
the commencement of the late Administration,^^ 
was not the pretension, if pretension it may 
be called, of that administration, or any par- 
ticular period of that administration ; but of 
the Kin^, the Imperial Parliament, His Ma- 
jesty's Ministers, and of every Administration 
of this Province since the conquest ! 

It has, however, been asserted by the ad- 
vocates and partizans of the Assembly, that 
the house have never denied either the exis- 
tence of the 14th Geo. III., the interpretation 
put upon it, or the powers with which its 
enactments invest the Crown ; and that their > 
claims only extend to the appropriation and 
control of the whole revenue of the Province 
when a vote of supply is solicited by the 
Crown ; or, in other words, that when the 
Governor lays the accounts and estimates of 
the year before them for the purpose of ob- 
taining supply, they have the undoubted right 
ofsayiug, " we cannot vote a supply unless 
you permit us to appropriate the whole rev- 
enue ; for we find, that of the duties levied 
under the 14th Geo. III. you have been too 
lavish, and might have made a far more 
proportionable and economical use of these 
funds. You have taken too much to your- 
self; you have given too much to the Chief 
Justice and the other Judges : the salarv of 



138 

your Secretary is, by far, too high ; and, iu 
short, your Excellency has been much more 
liberal with the revenue at your disposal than 
the services of the public officers deserve. 
We can get the business done on a nouch 
lower scale ; and the less we give of the per- 
manent funds of the Crown, the less also it 
■will be necessary to supply from our ow a 
funds." 

With respect to the first part of this posi- 
tion which affects not to deny the existence 
of the 14th Geo. III. and the consequent 
right of the Crown to appropriate the funds 
created by that act, it is so far correct, that 
when in 1826, Lord Dalhousie laid the des- 
patches of the Colonial minister and the 
opinion of the Crown Lawyers before the x\s- 
seitibly, their committee reported, that they 
were '•'■not aware that the truth of these 'prop- 
ositions had ever been contested.^'' But the 
misfortune is, that all the votes and resolu- 
tions of the Assenably upon this subject have 
been mere cobwebs; manufactured to gratify 
the excited disappointment of the moraent,and 
anon to be broken through for the purpose of 
facilitating a more ambitious and important 
object. VVe have carefully perused all the 
recorded resolutions of the Assembly upon 
this subject, and here declare that we have 
not seen the report of any committee which 
does not contain less or more resolutions as- 
serting the non-existence of the J 4th Geo. 
IIL We could cite every one of these reso- 
lutions ; but it will be sufficient at pre!?ent to 
stats, that Mr. Cuvillier, the father of almost 



139 

all of them, strongly maintained, during the 
late debate, that this act did not exist. His 
words are important: "When the 14th 
Geo. III. was passed, the country was too 
poor to supply the deficiencies in the reve- 
nue ; and it is only a few years since it has 
risen to such a state as to be able to provide 
for its own wants. During that time it 
would have been absurd to repeal that stat- 
ute ; it was the only provision we had ; but 
he would contend it was virtually repealed* 
not only by the act of 1774, and the consti- 
tutional act, but by others." We shall not 
certainly place Mr. Cuvillier's opinion ia 
competition with that of the law-officers of 
the Crown, or any of the other authorities 
which we have already cited and detailed. 
As to the last postulatum with regard to the 
mode of voting the supplies, it will only be 
necessary to observe, that if, as we are cer- 
tain we have made out a case with respect 
to the existence and force of the 14th Geo. 
III., nothing could possibly he more absurd 
than the pretension to any powers, of what- 
ever nature, not authorised by the act itself; 
and nothing more at variacce with the prin- 
ciples of our constituti»n, than transferring 
the rights and prerogatives of the Ci-own to 
a popular and clamorous Assembly. In one 
word, if this act be still in force, let it be 
obeyed, and its dictates held sacred to their 
purposes : if it be in force, and is neverthe- 
less unconstitutional, let its formal repeal be 
prayed for at the proper bar in a legal and 
constitutional way ; and not by inference. 



140 

inuendo, misapplfcation, and forced con- 
struction, as has unfortunately been the prac- 
tice in this province for the last ten years. 

As to a voie of supply this session, we have 
no hopes of it. How can we? The Mes- 
sage declares that the permanent revenue is 
by "Law placed at the disposal of the Crown ; 
but the Resolutions declare this to be a per- 
sisting in the " jpretensions^^ of the " late Ad- 
ministration,^^ and of consequence illegal ; 
and, ergo, a supply would be a legal sanc^ 
tion of jhis illegality. " What then, is to 
be done T" say a thousand tongues, and not 
a few publick officers. Nothing, our well-be- 
loved friends, but simply this : The Govern- 
or, by message— T%e Message— has already 
informed the Asseiiibly, that he has £38,100 
at his disposal. If the government stand ia 
need of more, which it will unquestionably. 
His Excellency will call upon the Assembly 
for the balance-— say, thirty or forty thousand 
pounds. If the*Legislature vote this supply, 
without any questions as to the appropria- 
tion of the £38.100, good aud well ; and their 
doing so will be one good symptom of a turn- 
ing back to a sense of duty and constitution- 
al conduct. If not, the Governor must do 
as he best can, pay away his 38.100, ae far as 
it will go ; and then tell the poor unfortun- 
ate devils who call afterwards, that they are 
too late ; for that the House of Assembly have 
locked the door of the Treasury ! 

We now come to the Declaration of Inde- 
pendence— by far the most important ques- 
tion that can be agitated in a British Colony. 



141 

The Resolution involving this declaration, is 
couched thus : 

" 5. Tiittt no interference of the British 
Legislature ivith the established Constitution 
and Laivs of this Province, excepting on such 
points as from the relation between the Mother 
Country and the Canadas can only be disposed 
of by the paramount awhority of the British 
Parliament, con in any way tend to the final ad- 
justment of any difficulties or misunderstand- 
ings which may exist in this Province, but 
rather to aggravate and perpetuate them.'''' 

The only good that can be said of this Res- 
olution, is, that although it was intended to 
assert a denial of the supreme legislative au- 
thority of the Mother Country in every re- 
spect,it had neither the courage to avow such 
revolutionary sentinrients in plain terms, nor 
tojoiu the hue and cry of the demagogues 
outof doors, who themselves fearlessly deny, 
and teach — -industriously teach— Xhe'w more 
peaceable neighbors also to deoy,lhe supreme 
legislative powers of the Imperial Parliament. 
It is, indeed, we are sorry to say it, only in an 
ignorant and illiterate colony, like Lower 
Canada, disturbed as it at present is, by an 
infamous and revolutionary faction, exposing 
by every step the rotten malignity of its men- 
tal barbarism, that such unworthy sentiments 
could for a moment be entertained. But we 
have ourselves alone to blame ; at least the 
British government will alone be responsi- 
ble, should the evil consequences of such 
sentiments ever come to maturity, which 
God forbid. We have no earthly desire to 



142 

tHirowoilitim olllior on irionor mliuHtors ; hut 
this uiiK'li wc iiiusl Hiiy — and say it hohlly — 
that if over ihrro (ixisrc<! (lultUck inoiiNiiroB 
cahnih-itud to instil iiii|)i'o))(;r uotiouti oi'coii- 
Mtiluiional ntithoiity into the luiuds of hu 
illiteralo propU) -indato them with luuhio 
notions of tiioir own national c«)ns(U|iH)nco--- 
iind>iio thoni with ido^js ofcontornpt of (ho au- 
thority and stahility of thu principles of tho 
British };ov(!rnineut-— an«l tnoholden them to 
deeds «d'irre|>ularity and vi(denco, they have 
been tlie ealioiiH, timid, viscillatinp,,vvaveiing, 
und unjiisliliahly conciliatory eondn(*t of 
(«ieat liiiiain to\var<ls Lower Cantida ! We 
do not mince tlie matter. Trnth alone can 
olicit propriety uud principle in conduct ; 
and of the fact now stated, there is uniple 
evidence in every pa}»;e of the history of this 
I'royince. 'I'he eh^venth houi-, howevia-, has 
not yet arrived. In the mean lime let us 
hope?, that the anarchy vv Inch at present reigns 
in tliis Province will excite the more imme- 
diate attcnti(m of the Imperial (>overnmetit, 
and ultimately secure to us the tran<piillity, 
peace, ami pros|)erity which Cmistituto the 
inherent rights o( a British Population. 

Hut how Ktaiuls the matter with respect to 
the legislative authority of tho Imperial Par- 
liament over the peo|)lo and Legislature of 
this Province, not it native cohuiy, hut a con- 
quered one? i'orourown pari, we think it 
most clear and certain, that this authority in 
omnipotent and unhounded, with the singlo 
exception of local taxation without mutro- 
polilaii rcprcscntution. Thisbccnis not only 



143 

to 1)0 a general inherent principle of the con- 
nection wliit'h sul)Hists betwcoii iho mother 
country and her Colonies, itn|>lyirig protec- 
tion and ohediencc, but the Uiclates of the 
declaratory act, <>tli (j!eo. HI., and the Con- 
Btitutional act of this Province. The first 
cx[)rcs8ly declarcH, "that the said colonies 
have heen, are, and ol'ri^^ht ou^ht to he, suh- 
ordiuato unto, and dependent on, the Impe- 
rial (y'rown and Parliament of CreatlJritain ; 
and that the King and l*arliament of Great 
IJiitain, had, hath, and of right ou{iht to 
have, full power and authority to make IaHWH 
and Siaiules of sullicient force to hind tho 
Colonies and Ilia Majesty's subjects in them, 
in all casts whatsoever. And it iw further de- 
clared, that all llesolutions, votofi, orders and 
))roccedit)j^K in any of the «aid Colonies, 
whor( by tho power and autfLorilij of the Kin^, 
Lords and Commons of Great Britain, iu 
Tarliament assembled, is denied or drawn 
into (juestion, are, and are hereby declared 
to he, ulUrbf null and void to all intents and 
purposes whatsoever." No one will assert 
that this act has been repealed. ConHe(|uent- 
ly, the Kesolutifin above rehearsed, drawing 
the authority of the Imperial Parliament into 
question, is ispo facto, null and void. If, there- 
fore, tlic Asseml)ly wish to enforce and fol- 
h)vv it up, they have only to rally their parti- 
zans around them, and do so with knives and 
daggers at men's Throats. Our own consti- 
tutional act is no less explicit; and through- 
out its whole enactments implies the right to 
amend, tiltcr, arid eveu tiike away, as weli 



144 

Us conror rights niul innnuiillioi3. The socoud 
sortioii of llinl not (lorhircs, that, tho pnwoi's 
tliorehy roil lb ire (.1 on His IVlajosty and tho 
liO^islatiiro tcMnako liaws, shall only exist 
^^ (litrina; Hie ('onliiUKiiiCf of this ocl.'' l)oc3 
this not imply llio ri^ht to annul and tornii- 
uuto our (>(»nstiiutional act ilmolf, iinoccssa- 
ry, quite contrary to tho whole scope and 
tonor oCthe Kesolufions ol" tho Assenddy ? 
liCanud and ftoiunirdhlf j^ontlonmn ouji,ht al- 
so lo recollect that this act pi<iscriho3 an or/M. 
>vhich must ho taken hofoio they are porniit- 
tod to sit in tho As8end)ly ; and that this oath 
imposes f'iiiih and allegiance upon them to 
their Kinj;, " as lavvi'ul sovereign of tho 
Kin};d(Mn of <»reat Hritain, and of ihcso 
l*rovinc(>s, dependent on, and helonging to, 
the ; aid Kinf;dom." Now, this is an oath 
^vhich is taken in no part of tho I'impire, ex- 
cept in tho Colonies. 'JMio inhahitants of 
10n;;land, Scotland, Ireland and Wales, nev- 
er take such an oath as this, hecause ueither 
of these countries is ^'' (hpcmlcnt on, and he- 
longriif:;, tOf thv said KiHixdoni, hut, united 
one with the other, form that Kingdom up- 
on which this Province is declared to ho 
*' (Ujxndrnt.'^ To deny, therefore, the de- 
pendency of this Province upon (Jreat Brit- 
ain and the supreme authority of Parliament 
(o alter or amend our (Constitution, is not 
only an act of tho hasost contempt and in- 
gratitude, hut downright perjury and trea- 
son. Nothing can possihly he more ahsurd 
than to sup|)ose the I'arliament of (Jreat 
Britain possessed of powers of legislation, 



}4.i 

wfiic'h, liko ihft laws of iho Mednw nrnl Per- 
wians, thoy roulrl noiflu;!' Jim(5nr|, <'lKiri(.^o, not* 
aliroj^aU). 'J'liis would Ik; inJdUihifitij witli 
a von^onrice ; and which no eidii^htcuod 
comriiuniiy or hody politick will < vnr, wo 
arc Hiirc, jisKnrno, without ;jt otjcc .inrjihihit- 
inj';; tfio host int,oi(*sts of socioty. Yet this is 
what the [{(!SohjtiorjH conlornplnte. liut 
happily lor the country, tho authoih of the 
CoiiHtitutional act coniorriplatcd no Huch 
thin^ ; an<l great and wine fhonK,f< thry wcro, 
thoy nov(!r droarnod of rcnderiiij; tlicir rria- 
turcst uioaHui-(!s irrovocahlo. 'I'ho ohHcrva- 
tions of /'/7,/ alone are Budiciont y)roof of thin. 
Ilo Haid, " [f the Legirtlature is not projjer- 
ly constituted at Jlrnt, it must he recollected, 
that it iH Huhjccf. to nmion, and that it nii^rht 
easUi/ (i.flmwd.rdn hi: f/Z/wr/." In the rnrtno- 
rahlo «lisciJSHiori which, three years '^inec, 
took place in the House of ConiinonH on tho 
refractory di-iiposition manifested hy tho West 
India (Jolonics relative to the emancipation 
of their slaves, no sentiment was more unan- 
imously acfjuiosced in, tlian the power and, 
legislative authority (d' I'jirliamenr over tho 
intcrmd -.iiVnirH f>ft,hc (Colonies. 'I'he great- 
est statesmen of the day — among whom was 
Sir James Mackintosh — ^icdned in this opin- 
ion, the Kuhstance (tf which was, *' Shall they 
the colotnes — dare to resist the authority of 
Parliament ? Ifthey do, we shull teach them 
a lesson hy doing for them hy compulsion 
what they refuse to do hy persuasion." We 
shall here ask tho Mousoof Asscndily and their 
partizaus a aimpic fpjesliofi ; " Arc the pow- 
9 



14(5 

cr and authority of the Imperial Parhanient 
over the Colonics, less or more now than 
they were in 1791, when the Constitutional 
act was passed /" Neither the one nor the 
other, our good friends, hut just the samesu- 

Frome omnipotent authority that ever it was. 
f less, hy wliat circumstance have they heen 
lessened ; for nothing, you will — you 7nust 
acknowledge, could have heen more fortu- 
nate to this Province than that this domina- 
tion of authority did not take place previous 
to the ahrogation of the 14th Geo. III. cap. 
88 — the first Constitutional Act of the Prov- 
ince ; and an actio which the " Nation Can- 
adienne,^^ still cling with a fond grasp, similar 
to that of the sinking mariner, when all is 
nearly over, and his ho|)es ahout to perish 
forever. It'more, surely the same extent of 
authority may now he granted to them which 
they possessed at the time of destroying aa 
old constitution and creating a new one. By 
the king's proclamation of 17G3, the English 
laws and Constitution were guaranteed to 
those " lovins: suhjects^' who " wore or should 
become inhahitants" of this Province. Lot 
us ask whether the breach of this royal prom- 
ise under the great seal of Great Britain, is a 
greater stain in the imperial character of 
(Ireat Britain, than the abrogation of the 
Qunboc act of 1774, or any other act that has 
si«if:o been j)asse(l / Assuredly not! and Eng- 
land, whdst she his a colony to claim and 
own her sway, will have cause to regret and 
deplore a cruel and unnatural act, by which 
British boru subjects have beeii rendered /or- 



147 



eigners — (so they have ever heen called ly the 
French Canadians) in laws, Innguagc aud 
manners, in a colony won l>y l?ritish blood 
and British bravery. In refuting the insane 
doctrine laid down by the majority of the 
House of Assembly on the subject of the abovo 
resolution, Mr. Ogden, the Solicitor General, 
stateil that '■'there were duties as well as rights''* 
imposed upon the colonies. " I am well 
aware," said a great statesman, " that nicn 
love to hear of their power, but have an ex- 
treme disrelish to be told of their duty." This 
is, of course, because every duty is a limita- 
tion of some power. Wo shall, therefore, in 
this place, and in conclusion, lay down a few 
of those principles which have been pointed 
out for the guidance of the colonies by the 
greatest philosophers and statesmen that ev- 
er flourished in any country. That great 
authority. Sir Wm. Blaclcstone^ in discussinc; 
the authority of the Mother Country over tho 
colonies, says :-— " What shall be admitted, 
and what rejected, at what times, and under 
what restrictions, must, incase of dispute, 
be decided in the first instance by their owa 
provincial judicature, subject to the revision 
aud control of the King in Council : the 
whole of their constitution being also liable 
to be n€w-*nodelled and reformed by the gen- 
eral superintending power of the Legislature 
of the Mother Country." In a note it is ad- 
ded, "The bare idea of a State, without a 
power somewhere vested to alter every part 
of its laws, is the height of political absurdi- 
ty." There can be no gainsaying of this 



148 

doctrine, especially in a conquered colony 
like this one : for says Lord Mansfield, in 
deciding, in 1774, the iwiportaut caseCainp- 
bol! versus Hal!, '* A country conquered by. 
the British arms, beconfi<"s a dominion of the 
Kiiig in right of the crown ; and therefore 
necessaHhi p.uhjtct to the legislature and par- 
liament of Greai Britain." ''I ain no eour- 
tier of Ame. ica" Sriid the great Chatham, •'! 
ain ,00 courtier of America : I stand up for 
this kingdom. I maiuruiu that the parlia- 
ineat has a right to hind, to restrain Ameri- 
ca. Our Legislative power over the colonies 
is Sovereign and Supreme. When it ceas- 
es to be Sovoreiga and Supreme, I would ad- 
vise every g-^^ntieman to sell his lands, and 
embark to that country. When two coun- 
tries are connected together, like England 
and her colonies, without being incorporat- 
ed, the one must necessarily govern ; and 
the greater must rnle the less." In another 
place he adds, " At the same time, let the 
sovereign authority of this country over the 
colonies be ass^r.ed as strong as terms can 
be devised , And he made to extend to every 
point of legist 'tion." 

On the same occasion, Mr. Grenville, while 
he reprobated the general conduct of minis- 
try, said, "that this kingdom has the sove- 
reign, the supreme legislative power over A- 
merica, is granted; it cannot he denied." 
*' When I proposed to tax America, T repeat- 
edly asked the house, if any objection could 
be made to the right ; but no one attempted 
to deny it. Protection and obedience are 



149 

reciprocal. Great Britain protects Ameri- 
ca. America is bound to yield obedience. 
If not, tell me when the Americaus were 
emancipated. When they want the protec- 
tion of this kingdom, they are always ready 
to ask it : that protection has always been 
afforded them in the most full and ample 
manner. 

Mr. Burke, in his celebrated speech, in 
1774 ; on the motion for the repeal of the 
duty on tea, said, " The parliament of Great 
Britain sits at the head of her extensive em- 
pire in two capacities : one as the local leg- 
islature of the island, providing for all things 
at home, immediately, and by no other in- 
strument than the executive power. The 
other, and I think her noblest capacity, is 
what I call her imperial character; in which, 
as from the throne of heaven, she superin- 
tends all the several inferior legislatures, and 
guides and controuls them all without annihi- 
lating any. As all these provincial legisla- 
tures are only co-ordinate to each other, they 
ought all to be subordinate to her. It is ne- 
cessary to coerce the negligent, to restrain the 
violent, and to aid the weak and deficient, 
by the over-ruling plenitude of her power." 
" I have held, and ever shall maintain to the 
best of my power, unimpaired and undimin- 
ished the just, wise, and necessary Constitu- 
tional superiority of Great Britain. This is 
necessary for America as well as for us. I 
never mean to depart from it. Whatever 
may be lost by it, I avow it." " He that ac- 
cepts protectioa" says Dr. Johnson, *' stipu- 



150 

lates obedience. We have always protected 
the Americans ; we may therefore suhject 
them to government." In short all great 
statesmen, and political writers of note, are 
unanimous in declaring that the mother 
country possesses— not a casual or eccen- 
trick— hut a true constitutional and incon- 
trovertible supreme legislative authority over 
her colonies at ail periods and in all points 
"whetherexternal or internal; and, without pur- 
suing the subject further, we flatter ourselves - 
we have satisfactorily proved that it is so. 

If any reader have honoured us with his 
company this far, we have to apologize for 
detaining him so long upon the last subject. 
But, as nothing can bo of greater conse- 
quence both to the mother country and the 
colonies, than a proper notion of their rela- 
tive duties and situation ; and, in particular, 
as ttothing is so apt to promote the prosperi- 
ty of a colony as a just understanding of its 
real rights, and a distinct knowledge of the 
limitations of its legislative capacity, we trust 
that no man will condemn our efforts to ef- 
fect this desirable object on the present im- 
portant occasion, however rudely the task 
may have been executed. 

Upon the whole, like the elder Cato, who- 
is said never to have concluded a speech but 
with the ominous words " Delcnda est Car- 
thago,^^ we think wecanuotclose the present > 
essay, as well as those that may follow, bet- 
ter than with a prayer for A le^hlatim xinion 
t> flipper and Lower Canada. 
' Wlh Deceviber, 1828. 
0^ 



NO. VII. 

" JValchman, what of the night ?" 

• Perceiving that a great deal of discussion 
lias already arisen, and is likely further to 
arise, on the suhject of the dilFerenee hctweca 
the English and Frtnch laws existing in this 
province ; and knowing that the former 
ought, and should, and shall ultimately, pre- 
vail in this Province, we here think it proper 
to give a historical sketch of iheir introduc- 
tion immediately after the conquest ; shew- 
ing, as wo go along, the right and the power 
of the conquering country so to itjtroduce and 
iTjaiutain them. JJy acts of parliament, whoso 
folly and ignorance can never he sufficiently 
<icplorod, these laws have, indeed, heen since 
banished from the Province, and thereby 
stigmatized and proscrihed hy those who 
should ever be their truest and sternest sup- 
porters ; but as, from a variety of concurring 
circumstances, it is evident that a revival of 
them will he necessfiry, in order to securo 
the loyalty and allegiance of the Province, 
wo deem, that no time ought to he lost in 
bringing hack the public to a view of their 
rights and privileges on so important a sub- 
ject. This sketch will also serve as the ha- 
sis of some constitutional topicks which it is 
our intention afterwards to discuss, relative 
to the formation of our present constitution 
of Government. 

"The British Constitution," says an ex- 
cellent writer* of the present day, " is the 

*Lacon, vol. 2, p. 14G. 



152 

proiulost politicjil monmnontof tho combined 
ariil |)r();rressi\fe wisdom of man : throu}.^h- 
oul tho Avholo civilized world, its preserva- 
tion ouglitto ho prayed for, as a choice and 
peerless model, uniting all tlio beauties of 

1)roportion with all tho bolidity of strength. " 
nHI>iro{l with this noble soniinjent, we iiave 
taken up our humble pen, in tho hope of be- 
in^ able to ()ri>ve, by the mere recital of a 
few phiin facts, that nothing can be more 
destructive of this beautiful fabrick, than the 
hateful and unnatural practice of ingrafting 
on its present pure and unsullied stock, the 
barb;n'ous and dospotiek systems of foreign 
governments. In pnrticidar, that nothing 
can bo less conpjenial with each other ihan 
the Brilish Bulwark of universal freedom, 
cemented and iriatured as it hns been by tho 
blood of the brave and tho wisdiun of the 
sajj;e, and those gothick ruins from the midst 
of which, like the Phoenix, it has soared on 
high, the envy and admiration of the civil- 
ized world ; and, consequently, tluit nothing 
could be more impolitick than conferring tho 
privileges of our free utid generous constitu- 
tion mi the French popidation of Canada, and 
permitting then) at thesiitne lim tho full and 
iVeo exercise of those slnvish and anti-com- 
rnorcial laws and customs which their lineal 
ancestors, the Salian I'ranks, built on the 
prostrated jnonuments of Koman grandeur; 
laws and customs which have l.appily been 
banished from almost evory other cpiarter of 

the >Yorid, as totally mifit, iu tho pruseui ca< 

9** 



153 

lij^litoufid (MM, to rof^ulnte the conducr, seciir© 
l\\v iiilorcsts, or urcsecvo llio liluMtics of any 
class ol pooplo. llithctruo that the I'l-oiicli 
ol" Canada, liko the anclont inhahilants of" It- 
aly, of li'(daiitl, and of NV'ales,havo hecncon- 
qiioiod into tho tiiijoyrno.it of true lih(Mty, tfiat 
conquest ou^hl to havo he(;n conipUlcd : at 
least, some |n'ospecl ou/i,lit h)nj; a};o to Ijuvo 
hern hehl out to thoseuhoso fortunes are no 
J«>ss conuccted with the fate of this Piovinco, 
than their alfoetions are sineero, anti their 
prayers ardent, for the }i,h)ry and welfare of 
the iMothor country, that some system simi- 
lar to rliat which had heen adopted so suc- 
cessfully in gradually a<lmitting Irelaiul and 
Wales iiito a full p;trticipatioi) of the hiwa, 
customs, lan;>;uaf;e, and general p"lity of the 
con(|ueriug state, shoidd also he foIlovv(M! 
with jespeit to Lcnmr Canaila. iUjually uu- 
fortKuate for ihe happimvss of the province, 
as deiriinental to the naval and commercial 
prosperity of the Empire at large, a line of 
policy, diamofricnUy the reverse of this hns 
<iver hecii the }i;uidinj; star of our rulers and 
statesmen. 'I'hey found Canada, at tiie con- 
quest, the suhordinalo and I may a(UI, tho 
trihutary province f>f a despotic sovereign; 
and the inhal>iiantH in a condition more ro- 
semhliug slavery than a (vi^e and intlepend- 
cnt people, hiiving rights to maintain and 
jiroperty to de-fend. Iteyond the food which 
nourished them, and the clothes which shel- 
tered them from the iuclenu^ney of the weath- 
er, they had no desires ; and with these, per- 
haps, that igQoranco of civil and political 



154 

hnppiuoss whieli tlioy inhoi-ilocl from tljelv 
nnocstors, tauftht ilunn to be contcntoil. 
Tlioir rules ol" inhoritniieo and tenure were 
feudal to the core ; ami t!io gloomiest fea- 
lures of that barbarous code which arose in 
the forests of (lerin.uiy. jxuieir.Ued into iho 
■wild* ol" Canada, whore they were dtujpiy 
nnd indelibly iinpressetl by the power of tlio 
sword. In tho niakinji; of tlieir own laws 
they hnd no voice, Tlieso were furnished 
ready-made from France in the same way 
that the manufactures of that fann>us et)un- 
try were brouj^ht to them : with ihis dilVer- 
ence, that they f^enorally came \\ ithout be- 
ing asked for, sometimes overstocking, but 
more frequently of a character quite unsuit- 
able to the maiLrt. The rid ministration of 
justice bore all tho characieristicks of tho 
basis on which it was founded. All that caa 
be said in its favour, nnd that is no common 
recommendation in these days of delay and 
procrastination, is, that it was expeditious, 
■which may bo easily conceived when we 
recollect, thut the sword, nnd putting tho 
question by torture, were the principal in- 
strujnents employed in putting tho laws into 
execution.* It is well known, that letters t/e 
Cachet wore in use throughout all the French 
dominions, without any opposition whatso- 
ever on tho part of tho people, or any imag- 

*.Tt was only in 1780 that the torture, a bru- 
tal custom which had been so established by 
the practice of ages, that it seemed to bo au 
inseparable part of the constitution of the 



ijj 



inatlon tlj?*l any remedy could be had against 
them by an application to any court f»f jus- 
tice. And it is certain, that under the I'lench 
OovernrjfKrnt in Canada, the pcojde were 
cornpel!<;d to (inj^Mjie as Holdiern v\'b«;tb<;r they 
would or not, and to march to the most dis- 
tant points of the country, even as far an 
Acadia and the Ohio, to make war upon the 
JJritiHh or the Aborijrines. The essence of 
the French la'v, as pracli;ied, and formerly 
enforced in tiiis province, was well urjder- 
gtood to be contained in tbcie significant tfi.on- 
osyllables, si veut h to!, hi vcut h, lot ; i. e. 
thai, whkfi t.'ie KinfrwiU, the Urw nrdaina. If 
it w.vi ffis Mjijesty'spleatiure that a man ob- 
noxious fo him should be iniprisoned in a 
j)articular castle, or fortress, or monastery, for 
any length of time, be fiad nothing to do but 
gign bis letter dc cMrMl for that purpose, and 
away went the unfortunate individual to tho 
place of hi-; confinement by a Cornet of bor^e, 
with a proper number of troopers tf> support 
him. No body ever thought of applying to 
tlie courts of justice to procure his release, 
nor did be himself ever venture to bring an. 
action of false imprisonn»ent against the per- 
sons who executed the letters dt cachH a- 
gainst fjim, nor against those who detained 

courts of rr-'juce, was abolished by the hu- 
mane but unfmtunale Louis XVI. I'be con- 
quest gave Canada twenty years preceden- 
cy of the "Mother State, but it cannot be said 
which country haa bceu most cvnspicuous for 
itu gratitude. 



liiin ill confinomcnt.f In latter times, bow- 
over, (U)()o-4) a };rcnt sovereign council, sim- 
ilar in its constitution lo the parlian^ent of 
Paris, with suhordinaio triltuuals and juris- 
dictions, vvas instituted. But the sovc eign- 
ty of France not being yet able, if inclined, 
to ilivest itself of those despotick attributes al- 
most indisputably enjoyed for centuries, all 
those courts of justice necessarily )>artook of 
the })olicy, which is unavoitlable to all na- 
tions that have made slender advances iu" 
refinement, such as tlic norlherti conquerors, 
as well as the more early Greeks and Ro- 
mans ; and in all of tlieiu were united the 
civil jurisdiction with tiie military power. 
To use the expressive wt)rds of <^harlevoix, 
(vol. i. p. ^^z"^^, vit'o infra) they were tribunals 
of the sword. t 

Such is a faint and brief sketch of the civil 
and political condition of (^auada previous 
to its conquest by the l>ritish arms. That 
despotism was the ruling power, as well iu 
the province as in the parent country no one 
can possibly doubt. 15oth the one and the 
other boro the impress of that most hateful 
and degrading system of (jJoverumcnt. Iu 



f See Ma/.cre's Collection. 

i"Telles ont etc les attentions du feu Roy, 
]>our procurer a ses sujets de la Nuuvellc 
France uncjustice promptc et facile, et c'est 
sur Ic modcle du couseil superriour de Que- 
bec, qu'on a depuis etnbli ceux de la JMartiu- 
ique, de Saint Dominique, et d© la Louisi- 
»ne. Ttd CCS conseilsJ)'Epcc,'^ 



157 

'a 

both the subject was told that he had no 
rigpjts ; thai he could not possess any prop- 
erty, iodependeiJt of the niouricniary will o* 
his prince. Tliese doctrines are founded oq 
the maxims of conquest ; they must be in- 
culcated with ihe whip and the sword : and 
are best received under the terror of chains 
and imprisonment. Fear, therefore, is the 
principle which qualifies the subject to occu- 
py his station ; and the sovereign, who holds 
out the ensigns of terror so freely to others, 
has abundant reason to give this passion a 
principal place with him.self.|| How fatally 
those priociples in political science have beea 
realized in France, we are sure we need not 
touch upon. But how, upon the conquest of 
Canada, it ever became a question, whether 
this state of things should be continued in 
whole or in part, or, in other words, whether 
the inhabitants should be restored inintegrum 
to all their ancient laws and usages, or these 
mixed up with a reasonable proportion of 
English laws, in such a manner as should 
suit the circumstances of both the old and 
the new inhahitants, is a thing not so easily 
to 1)0 accounted for. This is a matter of 
which history has preserved no record, at 
least beyond the secret unapproachable pre- 
cints of the cabinets of ministers. If the evil 
consequences which have ensued were only 
to lighten the heads of those who urged such 
a discussion, we have no doubt the world in 
general would be as little inclined to pry into 

j[Ferguson on civil society, p. 107, 



15S 

their closets for information on this subjeci% 
as the good people of Canada would be dis- 
posed to relieve therh of the burden thus 
brought upon themselves. True it is, how- 
ever, that the latter alternative was that 
"which, after much procrastination, more 
vascillatjon, and a great deal of unstatesman- 
like conduct, was in an evil hour pitched up- 
on ; and sure we are, that since chaos re- 
signed his sceptre, mankind have never been 
cursed with such a confusion of ail those 
laws and customs which preserve alike the 
civil and political interests of society. 

We shall here briefly rehearse the system 
which was pursued in legislating for Cana- 
da, from the conquest till the granting of the 
present constitution ; and we are convinced, 
that every person who will take the trouble 
of perusing our provincial history during that 
period, will agree with us in opinion, that a 
more bloated, a more absi»rd, a more uncon- 
stitutional or impolitick system, never dis- 
graced the annals of the British Empire. 

It was on the 13th September, 1759, that 
*' The bloody die was cast on the heights of A- 
hrahamy From that period, till the peace 
of Versailles, which took place on the lOlh 
of February, 1763, the Province was neces- 
sarily subjected to military law. 

Upon the conquest, the commander of the 
forces in America established Courts in the^ 
several Districts into which the Province was 
then divided, for the purpose of administer-* 
ing justice to the inhabitants. Of these in- 
stitutions His Majesty was pkased to signify 



159 

his Royal approbation, and to command the 
same to subsist and continue until a civil gov- 
ernment could be legally settled in the Prov- 
ince. These tribunals continued to exercise 
their functioiis from the 8th of September 
1760, thtr date of the capitulation of Montre- 
al, until the 10th of August 1764, when civil 
government was established throughout the 
Province. On the 20th September folio w- 
iner, an ordinance was passed by the Govern- 
or and Council approving, ratifying, confirm- 
ing, and giving full force and effect to all or- 
ders, judgments and decrees of these Courts 
denominated in the ordinance, " The Mili- 
tary Council of Quebec and all other Courts 
of Justice in said Government." There was 
however, an exception to such cases where 
the value in dispute exceeded the sum of 
three hundred pounds sterling : in which ease 
either party might appeal to the Governor 
and Council of the Province.* 

Upon this subject it seems to be agreed 
among writers on inter-national law, that til! 
there be an absolute surrender, military law 
must prevail in every country, and supersede 
the common law ; but the moment the new 
Sovereign is in peaceable possession, the me- 
Tuni imperium, or power of the sword, or the 
haute justice, as the French Civilians call it, 
to be exercised accordiiig to common law, 
takes place : and this power must ex'end to 
all crimesthat concern the peace and dignity 
of the crown. These ave mala in se, crimef§ 



* Fide Ordinance dated to 20th Sept. 1764* 



160 

in themselves, and universally known in eve- 
ry nation. Those crimes which arise from 
prohibitions are not known, and therefore 
they are not governed by penal statutes an- 
tecedent to the conquest. The mixium im- 
perium of personal wrongs and civil property 
must be promulgated before the ancient laws 
are understood to be altered. f This is the 
first step or era in our legislative system. 

In the condition above sketched, Canada 
by the definitive treaty of 1763; was ceded 
to the crown of Great Britain absolutely, and, 
to use the words of the treaty itseif,J " that 



fMariott. 

j" IV. His Most Christian Majesty renoun- 
ces all pretensions which he has heretofore 
formed, or might form to Nova Scotia or 
Acadia, in all its parts, and guarantees the 
whole of it, and all its dependencies, to the 
King of Great Britain. 

" Moreover, his Most Christian Majesty 
cedessand guarantees to his said Britannic 
Majesty, in full right, Canada, with all its de- 
pendencies, as well as the Island of Cape 
Breton, and all other Islands and Coasts in the 
gulf of the River St. Lawrence, and in ge- 
neral everything that depends on the said 
countries, lands, islands, and coasts with the 
sovereignty, property, possession, and all 
rights acquired by treaty or otherwise, which 
the most Christian King and the Crown of 
France have had till now over the said coun- 
tries, islands, lands, places, coasts and their 
iflhabitants; so that the Most Christian Ring 



161 

iu the most ample manuei* and form, with- 
out any restriction, and without any liber- 
ty to depart from the said guarjlnty under 
any pretence, or to disturb Great Britain in 
the possession above mentioned." In conse- 
quence of the powers thus vested in His 
Majesty, the well-known rights of the Crown, 
constitutionally as well as imperially, and the 
reservations and conditions of the capitula- 
tion for Montreal and Canada, his Majesty, on 
the 7th of October, 1763, issued a proclama- 
tion,* by which those who were, or should Se- 
cedes and makes over the whole to the said 
King and to the Crown of Great Britain, and 
that in the most ample manner and form, 
without any restriction, and without any li- 
berty to depart from the said guaranty under 
any pretence, or to disturb Great Britain in 
the possessions above mentioned. 

*' His Britanic Majesty, on his side, agrees 
to grant the liberty of the Roman Catholic 
religion to the inhabitants of Canada. He 
will consequently give the most effectual or- 
ders, that his new Roman Catholic subjects 
may profess the worship of their religion, ac- 
cording to the rights of the Romish Church, 
as far as the laws of Great Britain permit.''* 

*This proclimation refers indiscriminately 
to Canada, East Florida, and Granada. 

" And whereas it will greatly contribute to 
the speedy settling our said new Govern- 
ments, that our loving suKjects should be in- 
formed of our paternal care for the security 
of the liberty and properties of those who «re^ 



162 

come inhabitants of Canda, were assured, on 
the royal word, thai for the security of their 

and shallbeconie iahabitantsthereof ;we have 
thought fit to pubhsh and declare by this 
our proclamation, that we have in the letters 
patent under our great seal of Great Britain^ 
by which the said governments are constitut- 
ed, given express power and direction to our 
Governors of our said colonies respectively,, 
that so soon as the state and circumstances 
of the said colonies will admit thereof, 
they shall, with the advice and consent 
of the members of our Council, summoa 
and call general assemblies within the said 
governments respectively, in such manner 
and forms as is used, and directed in those 
colonies and provinces in America, which are 
under our immediate government : and we 
have also given power to the said Governors, 
with the consent of bur said council, and the 
representatives of the people, so to be sum- 
moned as aforesaid, to make, constitute, and 
ordain laws, statutes, and ordinances for the 
public peace, welfare, and good government 
of the said colonies, and of the people and inha- 
bitants thereof,as near as may be to the laws of 
England, and under such regulations and re- 
strictions as are used in other colonies; and in 
the meantime, and until such assemblies can 
ba called as aforesaid, all persons inhabiting in 
or resorting to, our said colonies, may confide 
in our royal protection for the enjoyment of the 
heneft of the laivs of our realm of England ; 
for which purpose we have given power im- 



16^ 



liberty and property, express power and di- 
rection should be given to the governor of the 
province, as soon as circumstances would ad- 
mit of it, to summon and call a general as= 
sembly, with power, in conjunction with the 
governor and council, to make laws, statutes 
and ordinances for the peace, welfare and 
good government of the inhabitants as near 
as might be agreeable to the Laws of England, 
and in the meantime, and until such Assem- 
bly could be called, all persons inhabiting op 
resorting to the province, might confide in the 
Royal protection for the enjoyment of the benefit 
of the law of the Realm of England. In con« 
sequence of this publick and, I may say, na- 
tional guarantee^ that not only the English 
laws and judicial proceedings, but a free re- 
presentative government, modelled upon that 
of the conquering country, had already, or, at 
least, were about to be established in their full 



derour great seal to the governors of the said 
colonies respectively to erect and constitute 
with the advice of our said councils respect- 
ively, courts of judicature and public justice 
within our said colonies for the hearing and 
determining all causes, as well criminal as 
civil, according to law and equity, and as 
near as may be, agreeable to the laws of Eng- 
land, with liberty to all persons who may 
think themselves aggrieved by the sentence 
of such courts in all civil cases, to appeal un- 
der the usual limitations and restrictions, to 
us in our privy council." 
10 



164 

force and vigour in Canada, many hundred 

Oiitorprijiing families of boili ngricultnral and 
conuuercial eapilal resorted to the province, 
in the firm faith, and full belief, thai the 
change of their native for a strange and dis- 
tant clime, nith a few years of iudustrious 
hartlship [leculinr to the settlement ofanew 
coiHitry. woiikl complete the catalogue of 
their trials; and that their birth-rights, the 
laws and govcrnmeDt of Eughuul, would 
ever be maiutaiued in the terras set forth in the 
above recited proclamation. f l>ut, to the 
dishonour of l^nglaud. and the confusion of 
the Colony. they were deceived: and therefore 
some very imjiortauf questions soon after- 
wards arose with respect both to the general 
powers of sovereignty over a conquered peo- 
ple already in possession of laws and civil 
institutions of tlieir own. and the efilcacyof 
the proclamation of IToS. in introducing the 
laws of Euglau<l into the province. Wo 
shall dwell a little on these important sub- 
jects, as we think we shall be able to prove 
very satisfactorily, not only the right of the 
King of Great Hritaiu lo take away the laws 
of tlie conquered country, and substitute such 
other laws in tiieir place ;is. eiti;or by himself 
or couiointly with the legislative wisdom of 
the nation lie may think proper, but also that 
the laws of Kngland were ipso facto intro- 
duced into Canada ami the ancient laws of 



f See Letter from the British inhabitants 
of Canada to Lord l>urtinouth, prciserved by 
Mascrcs. 



155 

the province, as a matter of course, wholly 
and In reality superseded. 

With regard, io the first place, to the right 
of the king, on the general principles of the 
laws of nations, as well as of the empire, to 
alter and change the laws of conquered or 
ceded countries already in possession of iaws 
of their own, there seem to exist no doubts 
whatever ; and indeed, it is impossible there 
could be, as in all the conquests of England 
this right has uniformly been exercised to the 
entire exclusion of every other right of inter- 
ference. But with regard to Canada in par- 
ticular, if any doubts could at all be enter- 
tained, tliey are completely obviated not only 
by the uncoLulitioual terms in which by tho 
treaty of peace the couutrj'^ was delivered 
over to Great Britain, but also by the capit- 
ulation with the inhabitants themselves ; both 
of which are sacred ami inviolable according 
to their true intent and mejining. In the 
forty second article of this capitulation,* tho 
demand was that ''the French and Canadi- 
ans shall continue to be governed according 
to the custom of Paris, and the laws and usa- 
ges established for this country." The ans- 
wer was " //?t\y become subjects of the King.''^ 
The inevitable consequence was, that their 
laws were liable to be changed by their ow ii 
act as well as by the inherent rights and 



*Art. XLI. The French Canadians, and 
Acadians, of what stale and condition soev- 
er, who shall remaiti in the colony, shall not 
be forced to take arms against His Most 



166 

powers of the new Sovereign. f There is 
no gainsaying this self-evident fact. A 
country conquered by the British arms, be- 
comes a dominion of the King in right of his 
crown ; and therefore necessarily subject to 
the legislature and parliament of Great Brit- 
ain. The conquered inhabitants once re- 
ceived under the King's protection become 
subjects, and are to be universally consider- 
ed in that light, not as enemies or aliens. The 
law and the legislative government of every 
dominion, equally affects all persons and all 
property within the limits thereof; and is the 
rule of decision for all questions which arise 
there. It is left by the constitution to the 
King's authority to grant or refuse a capitu- 

Christian Majesty or his allies, directly or 
indirectly, on any occasion whatsoever. The 
British Government shall only require of 
them an exact neutrality. 

Answer. They become subjects of the 
King. 

Art. , XLII. The French and Canadi- 
ans shall continue to be governed according 
to the custom of Paris and the laws and us- 
ages established for this country. And they 
shall not be subject to any other imposts 
than those which were estabished under the 
French dominion. 

Answer. Answered by the preceding ar- 
ticles ; and particularly by the last. 

fCowper's Reports, 1774--8. Campbeli 
vs. Hall. 



lation ; if he refuse and put the inhabitants to 
the sword or exterminates them, all the 
lands belong to him. If he receive the in- 
habitants under his protection and grant 
them their property, he has a power to fix 
such terras and conditions as he thinks prop- 
er. He is entrusted with making the treaty 
of peace : he may yield up the conquest or 
retain it'upon what terms he pleases. These 
powers no man ever disputed : neither has 
it ever been controverted that the king might 
change part or the whole of the law or po' 
litical form of government of a conquered 
dominion. The history of the conquests 
made by the crown of England, is a practical 
illustration of this position. At the conquest 
of Ireland, the inhabitants were governed by 
what they called the Brehon law, so styled 
from the Irish judges, who were denominat- 
ed Brehons. The conquest of the island and 
the alteration of the laws by the King of 
England, in the twelfth and thirteenth cen- 
turies, have been variously and learnedly 
discussed by lawyers and writers of great 
fame, at different periods of time : but no 
man ever said that the change in the laws of 
the country was made by the parliament of 
England ; no man ever said the crown could 
not do it. The fact in truth, after all the 
researches which have been made, comes 
out clearly to be, as laid down by Lord Chief 
Justice Vaughan,* that Ireland received the 
laws of England, by the Charters^and com- 

*Rep. 293. 



16« 

mamls of Ilcury H. Kiiip; John, Ileiirylll. 

niul ho atlils iiii (7 cct-ra to take in lOtlward 
1. anil tho sul>so(|iioMt kiiijis. Ami lie shows 
clearly the niistaUe of" iioap;iniue; that tho 
Ciuirtors of the \'2\U oi' John, l>y Avhioh, it 
was ordainod an<l ostablishod that Ireland 
should he governed by the laws of Knglaud, 
>vere either suhniined or assenieil to by a 
parliaintMit of Iroland. as suriniseil by Sii" 
iaiward l^oke.* Whenever the first parlia- 
ment was called in Ireland, the ehaiijie w as 
introduced without tlie interposition of the 
parliament of England, and must thereforo 
liavo been derived from the crown. The 
statute ofWales. rJth I'dward I. i«i no more 
than rci^ulaiions uiaile by the Kinji in his 
Council for the p,ovornment of \\ ales, which 
the preamble says w as then totally subdued. 
Tlunijih for various political causes, he feign- 
ed Wales, to bo a feotV of the crown :f yet 
I'.e j^ovcrned it as a conquest. The town of 
Heiwick upon Tweed was originally a part 
of the kingdom of S^cotland :X and as such, 
>vas for a lime reduced by Edward 1. into 



M lust. 141. 

f These are the woitls of the statute of 

Rluultdau. as i^uoted by l>lackstone : 

•* Terra Walliae cum iacolis suis. prhis 
regi jure podali subjecta.jam in proprietatis 
dominium totaliter et cunt intogritate con- 
versa est. et coronae rigni Augliae tauquaiu 
piirs corporis eiusilcui annevaet unita." 
Uilackslone! Vol. 1. p. ;>S. 
10» 



109 

tlio possession of the crowu of Eiiglaiul : aiut 
thiriiig its subjection, it received from that 
priuoe a (^barter, \vhich was coniiriued by 
Edward III. with some additions. Fioiu 
that time till tho rci^u of James I. it was 
governed by Charters from the eroAvn with- 
out rhe interposition of parliament. All the 
alterations in the laws of (lascony, (uiienne 
and Calais, must have been under the king's 
authority ; because no acts of parliament 
relative to them are extant. The king has 
always exercised legislative powers in Mi- 
norca. At the conquest of N'ew-York. ( UiG4) 
in which most of the old Dutch inhabitantsi 
remained, Charles II. changed tlie form of 
tiieir constitution and political government; 
by granting it to the Duke of York, to hold 
of his crown under all the regulations con- 
tained in the letters initent. It is remarka- 
ble that although the King never exercised 
any legislative authority in Canada notuilh- 
stnniiiug tlie promises held out in tiie ])rocla- 
niatiou of 17b'3. and the powers conferred by 
the letters patent containing the commission 
to the Governor in the same year, jet a dif- 
ferent system was pursued in Creuada to 
which the proclamatitui indiscriminately re- 
ferred. There tiie Commission of General 
IMelville, as goveriior.is dated in April, ]7(U. 
The Governor arrived in Grenada on the 14th 
of December, I7G4 ; and before the end of 
17l55, an assembly liad actually met iu that 
island. No qnesiiou. says Loid Mansfield, 
was ever started belbrebut that the King has 
a right to legislative authority over a cou- 



170 

quered country. It was never denied in 
Westminister Hall ; it never was question- 
ed in parliament. Coke's report of the ar- 
guments and resolutions of the judges io 
Calvin's case lays it down as clear. Ff a 
King, says the book, comes to a kingdom by 
conquest, he may change and alter the laws 
of that kingdom ; but if he comes lo it by 
title and descent, he cannot change the laws- 
of AmseZ/without the consent of parliameut. 
In the year 1722, the Assembly of Jamaica 
being refractory, it was referred to Sir Phil- 
ip York, and Sir Clement Wearge, to know, 
" What could be done if the Assembly should 
obstinately continue to withhold the usual 
supplies?" They reported thus: "If Ja- 
maica waSjStill to be considered as a conquer- 
ed island, the king had a right to levy taxes 
upon the inhabitants ; but if it was to be 
considered in the same light as the other Co- 
lonies, no tax could be imposed on the in- 
!» bitants but by an Assembly of the island, 
or by an act of parliament." I shall only 
add, that, with the exception of Canada 
alone, the legislative and judicial authority 
in all the colonies planted by Great Britain 
in America, arose from grants and commis- 
sions emanating directly from the King. 

Having thus generally, and with respect 
to Canada in particular, clearly established 
the right of the king to abolish the laws of a 
conquered country and replace them either 
by those of the paramount state, or such 
others as may deemed most advisable, w© 
10** 



in 

proceed, in the next place, to inquire how 
far the proclamation of 1763, aud the subse- 
quent acts of the imperial and proviocial 
governments, succeeded in accomplishing 
the great object in view. In doing so we 
may be tempted into some detail ; bwt how- 
ever feebly executed, we hope it will not 
prove altogether uninteresting to those who 
may be anywise concerned in the welfare 
and happiness of the British Colonies. 

We have already alluded to the proclama- 
tion, and made such quotations from it as 
may convince the most obdurate, that, at the 
time of its publication, it was intended not 
only that it should form the basis of the Bri- 
tish Sovereignty and supremacy in Canada, 
but the palladium of the rights and liberties 
of the old as well as the new inhabitants, 
*' agreeably to the laws of England.^ ^* This 
ho^vever has been questioned by very high 
authority. In a report made on the 14th of 
April, 1766, by the Attorney and Solicitor 
General, Mr. Yorke and Mr. De Gray, it 
was attempted to be proved, as the basis of 
their statement, that this proclamation was 
only meant to be introduclive of select 
parts of the law of England, and not of the 
whole body of laws ; and that the criminal 
laws of England, and of personal wrongs, 
were almost the only laws that came under 
the terras made use of in the proclamation ; 
and that the laws of England relative to the 
descent, alienation, settlement, and incum- 

*Vid. Proclamation. 



172 

brances of lands, and the distribution of per- 
sonal property in cases of intestacy, and all 
the benefical incidents of real estate, in pos- 
session or expectancy, were not comprehend- 
ed under the proclamation. It is very re- 
markable, that in pronouncing such an opi- 
nion — an opinion which involved the happi- 
ness of millions, and, perhaps, the peace of 
empires — the learned reporters did not cite 
one principle or maxim of national or muni- 
cipal law in their own justification. They 
merely proceeded on the abstract principle, 
that to change at once the laws and manners 
of a settled country, must be attended with 
hardship and violence ; and therefore wise 
conquerors, having provided for the security 
of their dorai.tion, proceed gently, and in- 
dulge their conquered subjects in all local 
customs, which are in their own nature in- 
different, and which have been received as 
rules of property, or have obtained the force 
of laws. These observations might serve as 
a text to a very large volume upon national 
law and justice ; but we shall rid ourselves of 
them by a very few remarks. The reason- 
ing made use of by the learned gentlemen 
might indeed suit a purpose when the procla- 
mation first became a topick of discussion 
at the council-board, or at any other time or 
place previous to its being issued. But this 
ex post facto reasoning came rather too late 
after hundreds and thousands had left their 
native country with all their resources and 
emigrated to Canada, where they purchased 
lands, planted, settled, and carried on trad« 



in 



and commerce to n very great, and, iu Cana- 
da at that time, a very wonderful extent,* 
on the faith of the king's royal proclamation, 
guaranteeing to those who might resort to 
the new province " The enjoyment of the be- 
nefit of the Laws of England.'''' As to tlie 
honour which the learned gentlemen have 
done Canada by placing it in the rank of set- 
tled countries at a lime when the popula- 
tiouf scarcely exceeded that of some manu- 
facturing villages in England,! shall only ob- 
serve, that even if it had been a settled coun- 
try at the time of the conquest — and, alas ! 
the greatest part of itstill remains unsetiled, 
and so will ever remain until the present sys- 
tem both in laws and general polity be chang- 
ed — such a circumstance could neither justi- 
fy the erroneous view taken of the procla- 
mation by the Attorney and Solicitor Gene- 
ral, so widely different from that of every other 
individual in the empire ; nor destroy those 
rights which, as we have seen, the law" pla- 
ces so firmly within the grasp of the king. 
And, lastly, with respect to those wise con- 
querors, who we are told proceed gently ia 

*Vid. Memorial from the English inhabi- 
tants of Quebec to Lord Dartmouth. 

fThe following progressive view of the po- 
pulation of Lower Canada may not be unia- 
ieresting : — 

1663— 7,000, 1775— 90,000. 

1714—20,000, 1784—123,727, 

1750—70,000, 1814—335,000. 

1825—420,179. 



174 

the imposition of tkeir own laws upon their 
eoiiquered subjects, and iutlulge tlieni iu iheir 
iooal customs, we shall only observe, that we 
should on all occasions sit down to the study 
of history, with increased and increasing 
pleasure, if we were assured that her stores 
contained a single page which exhibited the 
conqueror as more disposeil to sanction the 
customs and prejudices of the conquered, than 
to gratify his own vanity and ambition. But, 
with the exception of the solitary and unfor- 
tunate instance now under consideration, the 
whole course of history is a standing evidence 
against the assertion ; and it is good that it 
is so, for otherwise mankind would never 
have emerged from the rudeness and barba- 
rity in which they had been origiuallj' sunk. 
The arts, the eloquence, and the poetry of 
Greece and Rome would never have arisen, 
as they have done, like the sun in his glory, 
on the other benighted nations of the world, 
and spread knowledge and elegance through 
the uttermost parts of the earth ; seducing in 
their course the savage from his cannibal re- 
velry, the barbarian from his never-ceasing 
wars, the robber from his plunder and his 
den, and the assassin from his nocturnal ma- 
raudings. The sacred names of Liberty, 
Justice, and Civil Order, which now resound 
through the universe, would have been buri- 
ed amidstthe ruins of Jerusalem, Athens, and 
of Rome; still, perhaps, leaving man the 
dupe of his folly and the victim of his pas- 
sions. Let us, however, listen for a few mo- 
ments to history on so important a subject. 



175 

The Grec7t'.9 not only imposed their laws 
upon the provinces subjected by their arms, 
but compelled the unfortunate inhabitants^to 
rej)air to the capital of the conquering state 
to obtain justice. In truth, there never ex- 
isted in civil society such pitiless tyrants as 
those who composed llie Democracies of 
Greece, in respect both to their conquests 
and natural colonies, terms more frequently 
syoonymtius than distinct. Any prctonco 
served them to rob their Allies, as they some- 
times affected to call those victims of their 
ambition, of almost every blessing that they 
enjoyed, whether consisting of pecuniary 
riches, doraestick comforts, or publick splen- 
dour ; and tl'.cir rapacity could not be ex- 
ceeded by the most avaricious Turkish Pasha 
that ever existed. For a number of years 
they continued to raise six hundred talents 
annually from the Asiatick Colonies: yet not 
a single talent of this enormous and unjusti- 
fialile exaction was ever expended for the be- 
nefitof those upon whom it was levied ; but, 
on the contrary, sent to fill the coffers of the 
parent or conquering state in order to minis- 
ter to her coriuption and extravagance- 
Thus, Plutarch informs us, the sum levied on 
the colonies, all of whom came under the de- 
nomination of tributary provinces amounted 
to thirteen hundred talents. Yet when these 
states revolted, which these unfeeling and 
unjustifiable exactions frequently induced 
them to do, they wore punished by the Mo- 
ther City Avith the utmost severity. The au- 
thors of the insurrection were put to death ; 



176 

their property was confiscated; and a heavy 
fine imposed upon the w/ioZe community. By 
what process of trial all this was done, we 
leave to the decision of those who still admi- 
nister justice by hard blows rather than by 
the dictates of truth and reason ; and thank 
our stars that, however much indebted to the 
arts and learning of Greece, we are none of 
her dependencies. In the fifth year of the 
Pelopouesian war, the territory of the island 
of Lesbos was, on an occasion of this kind," 
partitioned among the Athenian citizens. Oa 
the breaking out of a similar mutinous hu-- 
mour, the inhabitants were condemned to 
pay two hundred talents. By such tyranni- 
cal exactions, Athens could at one time boast 
of a treasury of ten thousand talents. The 
high chivalriek, and in many instances, the 
mistaken notions which from childhood, we 
are accustomed to entertain of Grecian liber- 
ty and patriotism not only tend to prevent us 
f.om viewing with impartial severity the dark 
side of the picture which has been handed 
down to us of that nation's character, but go 
n great way in prevailing upon us to disre- 
gard even the assurance of well-accredited his* 
tory as to th.^ extent and enormity of the ty- 
ranny of Greece alike over her colonies and 
conquests. Yet such were the excesses com- 
mitted in this way under the sanction of the 
boasted popular institutions of the Grecian 
republics, that it were well if some modern 
patriots and politicians would seriously re- 
flect before holding up for our imitation go- 
verarnenta whose theory was always at va- 



177 

riance with their practice, and the ingenuity 
of whose patriots aad mioisters is ranch more 
to be admired, than either their morals of their 
manners. At any rate it is not for us to bor- 
row from Grecian polity. Their colonies and 
conquests instead of being fostered with the 
care and liberality of a wise and polite nation, 
and their necessary wants of every descrip- 
tion supplied when occasion required it, were 
harrassed with incidental levies and burden- 
ed with the most oppressive taxes. Their 
commerce and industry were also heavily as- 
sessed ; and their local institutions, alike ci- 
vil and religious, were frequently abolished, 
that tho attention of the people might bo 
more constantly directed to those of the mo- 
ther city, and that all pecuniary emoluments, 
and other advantages accruing from them 
might go to enrich and aggrandize the avari- 
cious parent. "The people of Athens," says 
Xenophon, *' desire to acquire at once all the 
wealth of their tributary states, and can hard- 
ly be pursuaded to allow their subjects to re- 
tain what is barely sufficient for their subsis- 
tence. They permit not their allies to have 
tribunals for deciding causes between one 
man and another, but oblige them to have re- 
course to Athens for their determination. 
Hence they govern them without any 
trouble to themselves and ruin in the Courts 
of Justice every one who appears to bear ill- 
will to the Athenian people. Besides this 
advantage, the particular citizens who hap- 
pen to be Judges, get a considerable increase 
of fees because they are in proportion to the 



178 

number of causes which they decide. They 
j>rofit also by letting their houses and ser- 
vants to such strangers as are obliged to re- 
sort to Athens for ohtaining Justice. The 
State itself is a gainer by an augmentation 
of tax called the hundreth, which is paid at 
the PireeuKi.* And ail the citizens in gen- 
eral obtain much honour and respect ; for if 
the allies were not obliged to plead their 
cause in Athens, they would pay regard to 
our generals, ambassadors, and sea-captains, 
and them only. But at present they obey 
honour and respect every Athenian citizen; 
they even kiss his hand as a mark o( submis- 
sio7i due to the man who at some future time 
may be their Judge." Sparta, when she be- 
came the paramount state, was no less st»*ict 
and imperious in imposing her ow^n laws and 
government upon those who fell in her pow- 
er; but I shall not detail the desolation and 
horror with which she filled all Greece after 
the Peloponesian war, as it will answer my 
present purpose simply to say, that she dis- 
solved the democratical governmenis in It- 
aly and Sicily, and established tyrannies ev- 
ery where in their room. To conclude, Isoe- 
rates, in his panegyrick, greatly extols his 
countrymen for their policy with respect to 
their conquered allies ; and adds these re- 
markable words : " JFe established, over all 



*ThePir8eum being the sea-port of Athens, 
it is very evident, that none but the maritime 
and transmarine dependencies were subjected 
to this slavish extoriion. 



179 

Greece, the same system of policy which we our^ 
selves enjoyed.''^ Such were the principles 
that actuated the Greeks in their conquests ! 
As to the policy of the Romans, in respect 
to f/ieir conquests, it is so generally known, 
and so completely subversive of the doctrine 
laid down by the Attorney and Solicitor Gen- 
eral, that we shall merely allude to it in as 
general terras as possible. It has been said 
of the Turks, that in the propagation of their 
religion, the sword is the only expounder of 
the Koran. Well may it be said of the an- 
cient Romans, that, in extending their em- 
pire, the same celebrated and irresistible lo- 
gician was the best definer of their laws. 
Where the sword of Rome gained possession, 
there her sovereignly, language, and laws 
took root. " Wherever the Roman conquers 
he inhabits. "f The security of the govern- 
ment, and the interests of individuals co-op- 
erated in seizing the strongest, or the most 
fertile, situations for the establishment of col- 
onies, to be occupied by Romans or their 
conciliated subjects who, in the capacities of 
soldiers, farmers, and traders, reaped the 
greatest advantages, which could be derived 
from the property of the soil in the conquered 
territories, while the original proprietors 
were compelled to cultivate their own lands 
for the emolument of their new lords. What 
laws but the laws of Rome conld be the rule 
of conduct in such settlements? All those 
unfortunate people who became subject to 

tSeu. CoDsol. ad Helviam, c. G, 



ISO 

the Romans were immediately exposed to 
every kind of iiardship. Their lands were 
seized and given to the veterans, among 
whom the Roman laws were introduced, for 
they knew none other. The inhabitants, 
strangers to the power which the arts of civ- 
ilization placed in the hands of an enemy 
naturally warlike, and %vhose most honorable 
profession was arms, soon experienced their 
own weakness and disproportion to the Ro- 
man forces, and reluctantly acquiesced in 
the dominion of their masters ; gradually 
incorporating as a part of that mighty Em- 
pire, whose laws, customs and manners they 
were compelled to embrace in silence, tho' 
in pain. Liberty, says Montesquieu, speak- 
ing of the Roman government, was at the 
centre, and tyranny in the extreme parts, 
meaning the Colonies or Provinces. While 
Rome extended her dominions no farther 
than Italy, the people were governed as con- 
federates, and the laws of each Republick 
were preserved. But as soon as she enlarg- 
ed her conquests, and the Senate had no lon- 
ger an immediate inspection over the Prov- 
inces, nor the M^isirates residing at Rome 
■were any longer capable of governing the 
Empire, they wer^ obliged to send praetors 
and proconsuls. Then it was that the har- 
mony of the three powers was lost. Those 
who w^eresent on that errand were intrusted 
with power which comprehended that of «// 
the Roman Magistracies, rtai/ even that of the 
senate and the people. They made their edicts 
upoa coming into the Provinces. They 



IS I 



■were despotick Magistrates. They exercis- 
ed the three powers of the metropolitan gov- 
ernriienl, and were the husbands of the E,e- 
publick. While the city paid taxes without 
trouble, or none at all, the Provinces were 
plundered by the Knights, who were the 
farmers of the publick revenues. All histo- 
ry abounds with their oppressive extortions, 
*' All Asia" says Miltiridates, " expects me 
as its deliverer ; so great is the hatred which 
the sapaciousness of the proconsuls, the con- 
fiscations made by the officers of the revenue, 
the quirks and cavils of judicial proceedings, 
have excited against the Romans.* Nothing, 
however, can convey a better idea of the con- 
quering policy of the Ilomans,than the account 
given by Tacitus of their conquests in Britain 
in his life of Agricola. "The Britons them- 
selves," says he, are a people who cheerfully 
comply with the levies of men, with the imposi- 
tion of taxes, and with all the duties enjoined 
by government ; nor have the Romans any 
farther subdued them than only to obey just 
laws.^'' But the best representation extant 
of the grinding and oppressive conduct of 
the Romans towards the Britons, is to be 
bound in the famous speech which the same 
author has recorded as having been made by 
Galgacus to his army previous to engaging 
with the Romans at the foot of the Gram- 
pian Hills. I shall make a short extract 
from it ; and whether actually spoken by 

"^ Montesquieu, L. XL c. 8. 
11 



185 

Galgacus, or writien by Tacitus, it is in my 
opiaiou, equally a proof of the savage and 
merciless principles on which Rome exteod- 
ed her imperial yoke over the world : "■Al- 
ready the Romans have advanced into the 
heart of our Country. Against their pride 
and domineering, you will find it in vain to 
seek a remedy or refuge from any obsequi- 
ousness or humble behaviour of yours. They 
are plunderers of the earth, who, in tbeii*. 
universal devastations, finding countries to 
fail them, investigate and rob even the sea. 
If the enemy be wealthy, he inflames their 
avarice ; if poor, their ambition. They are 
general sp ilers; such as neither the eastern 
world nor the western can satiate. They 
only of all men search after ac quisitions 
botli poor and rich with equal avidity and 
passion. To spoil, to butcher, and to com- 
mit every kind fvf vii.lence, ihey style, by a 
lying name. Government, and, when they have 
spread a general desolation, call it P^ace. 
Dearest to every man are his children and 
kindred, by the contrivance and designntiofi 
of nature. These are snatched from ue for 
recruits, and doomed to bondage in other 
parts of the earth. Our wives and sisters, 
however they escape pollution and violence 
as from open enemies, are debauched under 
the appeju'unce and privilege of friendship 
and hospitality. Our fortunes and pt'Sses- 
sions ihtif exhaust for tribute, our grain for 
their provisions. ^^ 

The conquering system pursued by the 
Norman Usurper, is familiar to every reader 



ol* English history; and what was said of 
Clovis, not long since, may with truth and 
justice he applied to WilliHm---that he had 
been cast in the true mould of conquerors. I 
may add, that the latter was in every sense 
ns great a barbarian as the former; for lie 
who could neither appreciate nor respect the 
free and glorious institutions reared and con- 
secrated by the great Alfred, vvliich now hap- 
pily form the basis of that oiasterpiece of 
liuni'ju wisdom, the British Constitution, 
but demolished them in order to make room 
for his own gothicli system, was in truth 
more rude and ignorant than he who dis- 
puted the possessi<ju of the chalice of Sois- 
sons with a common soldier. Vvilliam not 
only changed the laws, but the language of 
Enghmd ; for they were equally obnoxious 
in 'is eyes; as free arjd popular institutions 
must always be to the lyraut who has no 
am!>itiotito gratify but his own, and no oth- 
er ti'-'fion of freedom than the power of en- 
slaving thousands that one man may shake 
the rod over all. He introduced into Eng- 
land the feudal law, which he found estab- 
lished in France and Normandy. He par- 
titioned all the lands, and conferred them, 
witli little reservation on his followers. 
Those who held immediately of the Crown, 
shared out a great part of their possessions 
to other foreigners, who paid their lord ths 
same duty and submission in peace anc' war 
which he himself owed to his sovereign. 
Thus was the feudal system of government 
established in England ; a system under 



^ 



184 

which she groaned for centuries ; but from 
■which she at last shook herself, rising in glo- 
rious triunnph, as from a new epoch, above 
the base thraldom and slavish subjection to 
arbitrary will and law, to Avhich she had been 
50 long exposed. Yet this is the order of 
things which some are still desirous of per- 
petuating in Canada, at a time when it has 
Iseen pursued with all the contumely and re- 
venge of civilization from ^very other regioQ- 
of the world. 

We might here wind up this tedious but 
necessary episode with an account of ail the 
most splendid conquests of the world ; but 
wo think wo have said enough in practical 
confutation of the abstract proposition of the 
Attorney and Solicitor General. We shall 
only add, that it has been always laid down 
as a well-established principle by writers, cji 
the laws of nation?, that natural law estab- 
lishes neither distinction of persons not prop- 
:,erty, nor civil government ; it is the law of 
^^ations which has invented these distinc- 
tions, and rendered aU tJiose ivho happen to be 
ivithin the territory of state, subject to the ju- 
risdiction of that state. When a nation takes 
possession of a distant country, and settles a 
colony there, that country, though separated 
from the principal establishment, or mother 
country, naturally becomes a part of the state, 
equally with its ancient possessions. When- 
ever, therefore, the political laws or treaties 
make no distinction between them, every 
thing said of the territory of a nation ought 
also to extend to its colonies. We have thus, 



185 

we hope, satisfactorily proved, first, that 
power being; the natural consequence ofprop- 
erty,all nations have been guided in their con- 
quests by the same maxiois, and biive never 
scrupled to expel the ancient laws of avan- 
quisl'ed people in order to impose their own : 
secondly, that it is the undoubted and con- 
stitutional inherent right of the King of Great 
Britain to follow a similar plan, and give 
such laws as he may think proper to a con- 
quered country, having done so from the 
earliest periods ; and, thirdly, that he was 
therefore fully justified in issuing the proc- 
lamation of 1763, being the only mode then 
in use for establishing the constitutions of 
the colonies. It now only remains to be 
proved, that, in consequence, the laws of 
England had been absolutely and with 
scarcely any reservation introduced into 
Canada. 

We have already said that the proclama- 
tion was issued on the 7th of October, 1763. 
The commission to General Murray, as Gov- 
ernor, is dated the 21st day of November fol- 
lowing, the bill not being signed by the At- 
torney General, for the commission of letters 
patent till the 22d of October ; and on the 
14th of November, the privy council made 
an order for interlineations of some necessa- 
ry words. On the 10th of August, 3764, it 
was published at Quebec.^ This comrais- 

* Quebec, August 16^^.— Friday the 10th 
instant, His Majesty's letters patent, consti- 
tuting and appointing the Honorable James 



186 . 

slon, as well as the iastrnctions ivhich ac- 
companied it seemed every whereto pre-sup- 
pose that the laws of Eugland had already 
been in force in the Province since the con- 
quest ; beinjj;, as Marriot ol)serves, full of al- 
lusions and references to those laws ,'^n a 
variety of different subjects; and did'- not 
contain the least intimation of a reservation 
of any part of the old laws and customs of 
tiie Province. At the time of passing those 
instru/iieuts, His Majesty's Ministers appear 
to have been of opinion, that by the refusal 
of General Amherst to grant to the Canadi- 
ans the right of being governed by the cus- 
tom of Paris ; and by the reference made, in 
the fourth article of ihe definitive treaty of 
peace, to the laws of England as the meas- 
ure of the indulgence intended to be shewn 
them with respect to the exercise of their re- 
ligion, sufficient notice had been given to the 

Murray, Esq> Captain General and Governor 
in Chief in and over His Majesty's Province 
of Q,Me6ec, and vice admirul of the same, 
were read to a numerous concourse of peo- 
ple, in the square fronting his Majesty's 
Castle of St. Louis, where the troops were 
drawn up underarms; after which, the can- 
non from ttie ramparts was fired, and an- 
swered by the men of war in the harbour, 
and by volleys of small arms from the regi- 
ments in garrison here, and the day was con- 
cluded with the usual demonstrations of joy 
and universal satisfaction.— Q,M€6ec Gazette. 
11* 



187 



conquered inhabitants, that it was His Majes- 
ty's pleasure, that they should be governed 
for the future according to the laws of Eng- 
land ; and that the inhabitants, after being 
thus apprized of the King's intention, had 
consented to be so governed, and had borne 
testimony to this consent by continuing to 
reside in the country, and taking the oath of 
allegiance, when they might have withdrawn 
themselves from the Province, with all their 
effects, and the produce of the sale of their 
estates, within the eighteen months allowed 
by His Majesty, in the treaty of peace, for 
that purpose. 

Thus formally installed, the Governor, 
without delay, proceeded to the execution of 
his high and important functions. The first 
thing done, was the nomination of eight 
Councillors, whom he was authorised by his 
commission and instructions to make choice 
of.* Thus constituted, the Governor and 
Council in virtue of the said commission and 
instructions, found themselves invested with 
powers and prerogatives of no ordinary mag- 
nitude. The most important of these was 
the power " to summon and call general as- 
semblies of the freeholders and planters" of 

*The gentlemen nominated were the fol- 
lowing : 

William Gregory, Walter Murray, 

Paulus Emilius Irving, Samuel Holland, 
H. T. Cramahe, Thomas Dunn, 

Adam Mabane, Francis Monnier. 



the Province, to he called the Assembly of 
the Provinco of Quebec; with tho advice 
and cousent of which Council and Assemb- 
ly, after being duly qualilied, the governor 
%vas empowered to make laws for the pub- 
lick peace, welfare, and good government of 
the Province, such laws " not to be repug- 
nant, but, as near as may be, agreeably to the 
laws and statutes of this our KingtU)m of 
Great Britain." Butitmay be asked, if tho. 
governor really possessed the power of con- 
voking a general assembly and enacting laws 
in the manner here set forth, why, instead of 
proceeding to do so in a legal and constitu- 
tional manner, did he restrict the whole leg- 
islative power of the Province to himself and 
his Council ; and seeing, that neither his 
commission nor instructions empowered him 
to make laws otherwise than with the a(jvico 
and consent of the Cou?icil and A^stmhlij, how 
could the laws actually made by the Gov- 
ernor and Council alone, being only two of 
the constituent branches of the prescrihed 
Legislature, be binding upon the people ? 
Thi« is, indeed an important inquiry, and 
■which, considered abstractedly, might in- 
volve alike the fundamental principles of 
good government and tiie dearest rights of 
the peoj)le. But in so far as it concerns tho 
present disquisition, the objection cao easily 
be obviated. 

With respect to a general Assembly, the 
fact is, that though one had been summoo- 
ed and chosen for all the parishes but Que- 
bec, it was discovered upon reference lo the 
11** 



189 

commission, that it could not sit, in conse- 
quence of the restrictions therein contained, 
arising from the Test Act of the 25ih Charles 
II. which prevented the measure of an As- 
sembly bein;; executed in a Colony where 
all the principal old inhabitants were of the 
Roman Catholic reli'don.* No discretion- 
ary powers were given to the Governor with 
respect to the administration of the oaths 
prescribed by this act ; and as the Assembly 
could not proceed to transact business with- 
out bein^ duly qualified agreeably to the 
commission and instructions of the Govern- 
or, it was deemed advisable to abandon the 
meas'.ire for the present, and await further 
and better defined instructions from thelm- 
periitl Government. Besides, as the gov- 
ernor, by his commission, was not enjoined 
peremptorily to summon a general assemb- 
ly, such a step being merely optional, " so 
soon as iho situation and circumst-ioces of 
the Province would admit thereof," it was 
thought advisable not to do so, the present 
circumstances of the Province rendering ihe 
measure by no means necessary. It woultL 
also be premature, it was thought, and r.t- 
tended with many great public inconvenien- 
ces ; as the people of Canada were then, as 
they still are to a proverb, extremely illite- 
rate, and not yet ripe for so great and' sudden 
a share of liberty and of legislative power; it 
being doubted whether there vere more than 
four or five persons in a parish in general 

"Marriott. 



who could read. It was. therefore, most 
reasonably apprehended, that the calling of 
an Assembly so c -mposed, instead of reme- 
dyinj; and regulatin;^ all iUe causes of com- 
plaint, would have created new ones, and 
become the source of di-fempered and igno- 
rant fnctions hij^hly injurlwu-- tu tf;e welfare 
and i);ippinf^ss of the people: : truth wl.ich 
wa> unhappily reriliged soon after the grant- 
ing of the present Constitution : producing 
evils wliicb oothinj^ hut the speedy iuterven- 
tioa, iower, and loj^isbitive wis(lom of the 
mother Country cau ever effectually cure. 
, As ro the legality of the ordinances and 
laws passf^d by the Governor and Council, 
thus eniiiossiug to themselves the wl.oie leg- 
islative poner of the Province, vvhaiever 
lawyers roijfht say of tWem on gener;! prin- 
ciples of ciustiiuiiooHi goveruineui, especial- 
ly siich of them as did not receive the express 
sanciiou t»f the King, no authority, except 
the highest in the state, could impugn the le- 
gality of the ordinr>uces njade for the estab- 
lishment of the laws of Englfind in the Prov- 
iuce, and tlie necessary tribunals and officers 
for ad ninistering them. The Governor's 
commission contained the most ample pow- 
ers nu c lis hend:---' AuJ we do by these 
presents give and grant unto you, the said 
James Murray, full power ani authority, 
ivith iheadv ce and consent of our said councily 
to erect, constitute, and establish such and 
so many courcs of judicature and publick jus- 
tice within our said Province under yooi* 
Government as you and they shall think fit 



191 

and necessary for the hearing and determin- 
ing all causes, a8 well critninal as civii," &c. 
Even if an assembly hnd been called, as 
originally intendetl, the powers thus confer- 
red could not be called in question ; for they 
are entirely and absoluti ly confined to tho 
Governor and Council ; and therefore, what- 
ever laws were made for the establishment 
of courts of justice in the Province, must be 
hold l>indiug on the people, atid looked upon 
as the fotindalion of their rights and the best 
security of their persons and property, until 
abrogated by the King or Parliament. 

Accordingly, on the 17th of September, 
1764, a law, entitled *' An ordinance for regu- 
lating and eatahlishing the Courts of Judi- 
cature, J ustices (f the Peac', (Quarter SersionSj 
Bailiffs, and other matters relative to the dis- 
tribution o/' Justice in tins Province,'''' was pas- 
sed, part of which I shall make no apology 
for transcribing verbatim : 

•' Whereas iti^ highly expedient and ne- 
cessary for tho well-governing of His Majes- 
ty's good subjects of the Province of Que- 
bec, and for the speedy and impartial distri- 
bution of justice among the same, that prop- 
er Courts of Judicature, with proper powers 
and authorities, and under proper regula- 
tions, should be established and appointed : 

" His Excellency the Governor, by and 
with the advice, consent, and assistance of 
His Majesty's Council, and liy virtue of the 
power and authority to him given by his 
Majesty's Letters Patent, under the Great 
Seal of Great Britain, has thought fit to or. 



Jdinurn] (hrldir ; niidlli.s snid ExcoUoncy, 
hyniid with tlio mlvico, cunsoiit, nnd iissist- 
niu'o aCoiosiiid, iloth Itnrht/ ordain and dt- 
c/inr, 

" TliMt }i ^!ir|)<Mi(>r ( 'oiiii of .Iiidirulnro, or 
Court (d" King's Itonrli.ho rslahlished in t)ii« 
INoviiK'o, to KJt, linld tonns in the town of 
(liHilnM', twirn in luory yonr, vi^. ono to he- 
p;in on lh{> 21 h\ d.iy <d' .I;niiinry, ndlod liila- 
Tji t(inr», and ihii olh^r on iho I;ilst day of 
.fnno, cnlh'd Trinili/ lorni, 

•'In this ('(nirt His IVlajrsty'(* Chief Jna- 
fioj) )u'('si<h's,u ith power to dotorniino all civ- 
il and criminal canscM agrcoahlo to the laws 
of l'lii;;land, and t«) tiit^ ordinancoH of thi.f 
Trovinco ; and (roin this (*onrt an appoal 
lies to th(^ (lovcinor and ('omn-il, ^vlirr*' iho 
nialJor in (•v»nl(>s( is ;d>ov(> tho valuo of jCM(M) 
Htorlini^ ; nnd from thn («ovornor and ('ouu- 
cil an appoal lies to tho King and Council 
whcrt^ dm mjitlor in conlost is of tho valuo 
*)f X'r>()0 S((Mling, or upwards. 

" In all trials in this Comt, all His Mnjoa- 
ty's ?^^d»ilM'ts in this Colony bo admiltod oil 
jiiiics without any distiin'lion. 

" And 1 1 is IVlaj(^sty's <^hiof Justice, onco 
in <iv<>ry year, to hold a ('ourt of Assi/o and 
Con<M-al (iaol I)<>liv<M-y, soon after Hilary 
lorm, at ilu^ towns of Montnutl and Troin 
Jiivinirs, for th«i nxuo easy and convoniunt 
dislrihntioii of justice to Mis IVlajosty's sub- 
jects ill t!\os«i distant parts of tho Province. 

" Ami whoroas an iidcrior (Niurt of Jndi~ 
caturc, or Comt <d' (•ommon IMoaa, is also 
ihuught necessary and conv(MUOUt. K is 



further orddhird and declarrd hi/ flie mithori- 
ty oforc.Hdid, tlwit fui inforior T'ourt ofJudi- 
CJituro or(/oiirt of Coiritnoii Tleas, is licreUy 
ost,Jjl)lisl)(;fl, with power and Jiulliotily, loclo- 
t<;nn no fill property f«l)o/o tlio value ofXlO, 
Avifli a liU'iriy of app';a| looitlior party t<» fho 
fiUpoiMor Court, or (Jouri of Kio;^'s iW-nch, 
whoro tho inaltorin cotjtuKl i;i of ihc value of 
X'iO, an<i upvvar<ls. 

" All trials in iU'xn court to ho by juries, if 
<lerri'in(l(!(l hy cither party ; and this Court 
to sit .'ukI hold two ItMins in every year at tlio 
town of Ciuvhec, at the Marne liuKi with the 
«uf><'rior (/ourt, o.- Court of King's liench. 
VVIu ro the matter in eontosi in ihiw Court is 
ahovo the valiioof X.'JOO Sterlinj^, either par- 
ty may (if tiiey shall think prop(;r) apf)eal to 
th(5 Covf;rnor and Council iinirtediat«;ly, and 
from the (iovr;rnor and (Joiincil an aj^pcal 
lies to the Kinj;; and (Jouneil, wln;re tlie mat- 
ter in eoniest is of the- value cd' £500 Sterling 
or upwards. 

" TIh! Jud/^e« in this Court arc to <leter- 
niine a^^rcrahh; fo<(piiry, llavin^ re(i;ard nev- 
eriheless to the iawy, of /'hi f^ land, as far as the 
eircu instances and t'iC present situation of 
lhiiu{;swill admit, until Hueh time a«j proper 
ordinances for the information rd" the peo|)Io 
ran he estahli-ilierj hy tl/f; Covernor and 
Couneii, a<^rcrahl,r. l.o Uu: laW't of I'jru^Uind. 

" 'I'lio I'^reneh laws and customs to ho al- 
lowed and admitted in all causes in this 
Court, l)etwcen ihc natirffs of this I'rovince, 
where the causo of action arose l^eforc iho 
first day of October 1704, 



104. 

*• The first process of this Court to be an 
ei^ac^meni against the body. 

" Aq Execution to go against the body, 
lands, or goods, of the defendant. 

*' Canadian Advocates, Proctors, &c. may 
practise in this Court." 

The rest of the ordinance is taken up with 
the appointment of Justices of the peace, and 
the inferior officers of the Courts of law 
throughout the Province. 

It soon, however, appeared evident, ihat 
notwithstanding the full and ample, as well 
as explicit, manner in which this ordinance 
established in the Province the English, 
Courts of Law and forms of procedure, the 
intended enactment would have been incom- 
plete without some legislative measure rela- 
ting to the tenure and conveyance of lands. 
Accordingly, on the 6th of November fol- 
lowing, an ordinance was passed declaring 
^hat until the 10th day of August then next, 
the tenures of lands, in respect to such grants 
as were prior to the cession by the defnitive 
ireaty of peace, and the rights of inheritance 
as practised before that period, should remain 
to all intents and purposes the same. "The 
consequence," to use the words of Sir James 
Marriott, '* after the expiration of this date 
is obvious, that the rights of inheritance and 
tenures would be changed to the laws of Eng- 
land, so far as this ordinance and declaration 
could legally change them.^^ On the same 
day — 6th November, 1764 — another ordi- 
nance was passed " For registering grants, 
conveyances, ctnd other instruments in imting, 



195 

of or concerning any lands, tenements or Jiere- 
ditaments iv'itliin this Province.^^ This ordi- 
nance, termed the Registry O^ceJaw, and 
which, had it remained in force till this day, 
might well deserve the proud appellation of 
the Magna Charta of Lower Canada, con- 
tained the following clause ;—" And every 
deed or conveyance of or concerning any 
lands, tenements, or hereditaments in this 
Province, shall within the space of forty days 
next after the respective dates thereof, be 
registered in the said Office in words at 
length ; And for want of such registry, every 
such deed or conveyance shall be judged 
fraudulent against any subsequent purchaser 
for a valuable consideration." The Quebec 
Gazette of the 25th February 1765, contains 
a public notification of this ordinance, dated 
^^ Register's Office,'' the same day. 

Thus h is evident, that the English laiDS 
were legally introduced into this Province 
both in form and io practice ; and so con- 
tinued during the space often years without 
any material objections, except tiiose arising 
from national prejudice and pre-coaceived 
aversion to a system of laws but little un- 
derstood amongst a more enlightened people 
than the French Canadians. This founda- 
tion of just laws and a liberal government, 
so wisely and judiciously laid by the Gov- 
ernor and Council of the Province, and ^anc- 
tioned by the approhatioi of His Majesty, 
ought never to have been disturbed. Yet the 
contrary was done by the impolitick and ty- 
rannical (Quebec Act of 1774: ; an act that 



196 

will ever reflect disgrace on its authors and 
the Empire at large ; and an act that must 
at no distant period give place to more patri- 
otick and enlightened counsels. We con- 
clude in the memorable words of Sir James 
Marriott; — "After certain new regulations 
have been submitted to with patience by His 
M ajestj'^s new Canad ian subjects for a space of 
thirteen years, though with some such com- 
plaining as is natural upon a change ofmas- 
ters, the foundation which has been liiid for 
an approximation to the manners and govern- 
inent of the new sovereign country, must either 
er continue to be !)uiit upon, or otherwise the 
whole that lirss been done must be thrown 
down, and the Canadians must be restored 
in integrum to all their ancient laws and 
usage; a manner of proceeding as incon- 
sistent with the progressive state of human 
affairs, OS i^i7/i the. jjolicy of any possible ciil 
government, tvJiich cannot itvert, but nsust 
necessarily take up Things a (I go on the state 
of existing circumstHOces at He time it in- 
tervenes ; for i'l can as iiuie stand still at any 
given point, as it can decide that the flood 
of times siiall go no further. As men move 
forward, the laws must move with them, and 
eveiy constitution of government upon earth, 
like the shores of the sea from the agitation 
of the element, is daily losing or gaining some- 
thing on one side or the other." 
29th January, 1829. 



NO. VJII. 

" To depart in the minutest article, from the 
nicety and strictness of punctilio, is as danger^ 
ous to NATIONAL HONOUR, 05 to female virtuc,'' 
-=— Junius. 

To Louis Joseph Papineait;~^q. 
SiR:~\Viien I last addressed myself person-^ 
ally to you on the subject of your conduct at 
opening the present session ofthe Provin- 
cial Parliament, I did not expect I should 
thus early be under the unpleasant necessi- 
ty of paying you a similar visit. I then con- 
victed you. in the face of your country, of 
havini^ gone officially into the presence of 
the Representative of our most gracious So- 
vereign with abase and designing falsehood 
on your lips. But though, amidst my hopes 
of wiser measures and happier times, 1 did 
not anticipate any very particularly glaring 
act on your part deserving a direct and im- 
mediate visitation on mine; yet, had I called 
to mind the philosophical maxim ofthe poet, 
that one fiilse step forever damns the rest, 
I ought to have been assured, that a career 
likeyours, commenced in malice and iniqui- 
ty, must inevitably terminate in crime and 
confusion. You are, indeed. Sir, a public 
eriminaLofno ordinary character. Intoxi- 
cated with impudence, there is no end of 
your rudeness : frantick with rage, there are 
no bounds to your malevolence. The high 
and the low, among such as do not coincide 
■with you in opinion, are equally objects of 
your hatred aod resentment. No character. 



198 

hou'cver pure, is safe from your envy aud 
falsehoods: no virtue however exalted, is 
secure from the base iustruments ofyour jea- 
lousy and revenge. The very air is tainted 
■with the poison ofyour malignant disposition; 
aud the country resounds with your abuse of 
characters not only your superiors in man- 
ners, but in rank and dignity, virtue aud pa- 
triotism. Sir, you seem to tralfick in defa- 
mation. You move in an orbit of publick 
slander ; and have rallied round you as sa-' 
tellites all the baser feelings of a rancorous 
aud diabolical heart. Stand up thou malici- 
ous demagague-— thou insolent defamer of 
Governors, Executive Councillors, and all 
men in this Province having authority in the 
administration of justice aud government ! 
Come forth, I say : aud if we cannot pene- 
trate into the rancour and rottenness that 
perpetuallly agitate thy turbulent bosom, let 
us, at least, behold that brazen countenance 
capable only of reflecting the basest and most 
distorted images. Yes, there thou art ! Wo 
view thee, but despise thee : we behold theo, 
])ut spurn theo : we contemplate thee, but 
loathe thee, as a reptile to be shunned if pos- 
sible ; but, if met to be trampled upou. 

lu the debate which took place on the re- 
solutions for expelling Mr. Christie, your are 
reported, in the third person, to have made 
use of the following language : 

" Mr. Speaker trusted few persons could 
entertain such servile sentiments, or lend 
themselves to be the instruments of such a 
?nau as Lord .Dalhousie, a man who was^ 



199 

deaf to every sentiment, but those of prid^4 
prejudice, and despotism, sentiments thate 
were fostered by those who surrounded him, 
and which deservedly stigmatised him as the 
author of all the evils which had been in- 
flicted upon this country. A man who had 
been deservedly recalled with disgrace — a 
man disgraced in the eyes of his Sovereigns, 
of his country, and of the Province he had so 
deeply injured." 

Sirj that you uttered this language in your 
place on the occasion alluded to, 1 have na 
doubts whatever. Of this I am well advised, 
as well through other channels of informati- 
on, as by the printed report of the debate. 
But were the case otherwise, I could easily 
have recognized it at the offspring of your 
heated imagination and insolent temper. It 
bears the very impress of your soul. It is the 
foul abortion of your malignant heart,and car- 
ries alooft with it every characieristick of that 
spirit of enmity which it has long been your 
study how to wreak on a great patriot, a great 
hero, and d great man : a man, to use your 
own mode ofexpression, whose life and cha- 
racter are as far beyond the leach of your 
petty malevolence, as his rank and dignity 
are superior to plebeian vulgarity and rude- 
ness. Nor is it my purpose at present to de- 
fend him from the attacks of so despicable 
an assassin as you are. Lord Dalhousie nei" 
ther needs, nor will he thank me for so un- 
necessary a piece of service. My present ob- 
ject has a different tendency. It is not t<j 
1% 



200 

Jefend, but to punish ; not to save, but con- 
demn. It is, first to exhibit you to your 
country and to the world as a designing and 
systematick calumniator and dcfamer of pub- 
lic worth and integrity ; and, in the second 
place, to transmit your name to posterity, as 
one every way deserving infamy and disgrace, 
scorn and derision. 

With the conduct of the House of Assembly 
in the expulsion of one of its own members 
for delinquencies, over which, if even proven, 
I maintain they possess nojurisdiction, I shall 
not at present interfere, though, perhaps, I 
may take another opportunity to express my 
sentiments on a measure fraught with danger 
to the Constitution and alarm to the Country. 
I shall only, in the language of Lord Chat- 
ham, say, that it was the act of a mob and 
not of a senate. It resembles in a remarka- 
ble degree, the proceedings of the judge of 
hell, as described by the poet:— 

*■ Gnossius hsec Rhadamantbus habet duris- 

sima regna 
Castigatque, a\idhqnedo\os,subigitquefaterl.^ 

Sir, my charge against you is three-fold~ 
falsehood, defamation, and scurrility. You 
say, that Lord Dalhousie was deservedly re- 
called with disgrace, and that be is a man 
disgraced in the eyes of his Sovereign and 
country. Sir, were you a man whose vera- 
city was undoubted until now, I should be 
apt so far to give belief to your assertion, as 
to call upon you to produce proof of your 
averments. But wh^n honest men meet with 



^201 

such a fellow as you are, branded as yoii 
have for years been as the personal enemy 
of Lord Dalhousie — his defamer in publick, 
and iraducer in private life, they very natu- 
rally put their own construction upon your 
statement, without troubling you for proof ; 
being satisfied that he who will malign with- 
out cause, will stab without justice — that he 
who scruples not to asperse in gratification 
of personal resentment, will have no hesita- 
tion to arraign without evidence. But, how 
stands the fact? Do you really dare to af- 
firm in your place in the Assembly, that 
Lord Dalhousie was recalled with disgrace? 
If you do, I thaok God that your notions of 
disgrace are different from a.ine. I shall 
here say nothing of my right to maintain, 
from aught that we have seen or heard to the 
contrary, that Lord Dalhousie has not been 
recalled at all, and that his Lordship is to this 
hour Governor and Chief of these Provinces. 
But granting that he has been actually recall- 
ed, I will thank you to show me the marks, 
the emblems, or the tokens, of his disgrace. 
I presume you conceive it to be an extraor- 
dinary mark of disgrace to be called from the 
pitiful government of a pitiful people like the 
Nation Canadienne, having neither knowl- 
edge of their rights, nor gratitude for their 
privileges as a British people, to the military 
command of a quarter of the Globe — a com- 
mand which the proudest era of Rome could 
not confer. Is it upon men in disgrace, that 
such honors and benefits are bestowed in this 
generous and just nation ? But which of the 



202 

ncullions in the King's kitchen told you, or 
sonae of your friends lately in England, that 
Lord Dalhousie was disgraced in the eyes of 
his Sovereign ? When and where was ihis 
disgrace earned and consummated ? Was 
it when his Lordship was nobly fighting the 
battles of his Country in Egypt, in the West 
Indies, in Spain, and in France ? Was it 
Tvhen he was shedding his blood in the cause 
of Europe and of Freedom ? Or was it 
when, like a man and a patriot, and in th6 
exercise of the delegated functions of that 
Sovereign in whose eyes you say he is dis- 
graced, he withstood you and your desperate 
despairing crew, when you so clamorously 
and insanely assailed the constitution and 
the dearest rights of every true Briton in the 
province 1 Was it when the minister, in his 
place in parliament, before the country and 
the world, and in the sight and hearing of 
your co-adjutors, Messieurs Nelson, Viger, 
and Cuvillier, declared " that the still high- 
er situation the noble lord would soon be 
called on to fill, would be the best proof, that 
he had not incurred the disapprobation of 
government ?" Was it when Mr. Stanley, 
whom I dare say you will not accuse of flat- 
tery to Lord Dalhousie or deceit to yourself, 
said, in his place in the House of Commons, 
that *' he could not refrain from doing the 
Noble Earl who was at the head of the gov- 
ernment in Canada the justice of observing, 
that he (Mr. Stanley,) felt convinced that the 
Noble Earl, if he had not the good fortune to 
give satisfaction to the petitioners, had actet! 



in conformity with the instruciiojis he had re- 
ceived from government ?"* Was it when 
his lordship last embarked with such distin- 
guished honours for his native country ; car- 
rying in hrs hand the recorded approbation, 
as Governor in Chief of every loyal and en- 
lightened man in the province, and in his 
heart a deep sense of the good wishes of every 
individual of humanity and respectability 1 
Or was it when his lordship was so gracious- 
ly received by the King and his ministers with 
the report of his administration ? Truly, 
Sir, if this be disgrace, it is a disgrace rarely 
to be experienced even in this age and coun- 
try. But you have said that Lord Dalhousie 
is disgraced in the eyes of his country. What 
country? If yoa meaa Great Britain, you 
state what is not only false, but mali- 
cious. There is not witbin the whole com- 
pass of that great n^uiou, distinguished as it 
is above all others for worth, virtue and tal- 
ent, a nobleman who is more highly re- 
spected, or more extensively beloved than 
Lord Dalhousie. But if you confine his dis- 
grace to what you call your country only, 
the Nation Canadienne, I understand you, 
and find myself at no loss to comprehend the 
extent, magnitude, and consequence of such 
disgrace, when promulgated to the world by 
you, the hired, the well-paia calumniator of 
ihe publick as well as private character of 
Lord Dalhousie. 



*See Debate in the House of Commons 
on the Civil government of Canada, 2d. 

May, l$2a. 



204 

So much for ihe falsehood of your state- 
ment, I come next to its defamation. Yoa 
assert, with an audacity very suitable to the 
^vhole lenor of your character and conduct, 
that Lord Dalhousie is a man deaf to every 
sentiment, but those of pride, prejudice and 
despotism. Most excellent judge of senti- 
ment and character, tell us we pray thee, 
where you have culled the information upon 
which you found your statement ? I fear 
this is a thing which you will take credit to. 
your prudence for withholding. It is most 
true that a thievishly-inclined menial dis- 
charged by his Lordship, was once of a time 
much and fondly caressed for authentick in- 
formation with respect to his master's pri- 
vate character and bearing. Was it from 
this despicable scoundrel — this suitable pan- 
der to your vulgar curiosity — that you col- 
lected your information ? I will not say ab- 
solutely that it was ; but from whatever 
source you got the tale, it is most certain, if 
one might judge from its nature and extent, 
that it could not have come through a much 
purer channel. Your own personal observa- 
tion, with whatever intelligence and scrutiny 
it might have been exercised, I beg leave to- 
tally to exclude and deny. What your no- 
tions of society really are, I have no means 
of being acquainted with ; though from a va- 
riety of circumstances, and the company 
whom you court and keep, I fear, as a gen- 
tleman, that I must estimate them at a very 
low rate^ Your natural sphere, therefore, 
31* 



20i 



is as far beneath that of Lord Dalhousie, ns 
j'^ou conceive your own cur to he beneath 
yourself. Such men as you herd not with 
the noble and the great. It is true that the 
same planet gave you birth. But there are 
orders and distinctions of men as well as of 
beasts; and in the same degree that the 
croaking, crawling toad is inferior to the ma- 
jestick lion, so are you dififerent from Lord 
Dalhousie. You early fell your own insig- 
nificance and this inferiority. I know not 
whether it proceeded from the envy of your 
nature, or the clownishness of your birth; but 
his Lordship was but a little time in this prov- 
ince when you shrunk into your own native 
atiiiosphere ; and the only remedy left to a 
person in your condition was the pitiful and 
iinuianjy undertaking of pulling after you 
those who stood above joij, but cspeciaiiy 
his Lordship, because he stood above al! at 
the top of ibegrp/'ution. Now i.hat his lord- 
ship is gone, and you conceive yourself ex- 
alted a little beyond your natural sphere, 
you have the cowardice and baseness to re- 
duce his character and pui)lick reputation to 
a level with your own. But, Sii, you have 
undertaken a difficult task : a task which 
neither yourself nor the whole myrmidons of 
your faction congregated -rMOund you will 
ever be able to sxecele Los o^ Dalhousie 
sits secure in the midst of an impregnable 
fortress of private worth and public esteem-^- 
reared by his deeds, fortified by his integrity, 
and embellished by the approbation of his 
►Sovereign and country, against which neither 



206 

the clamour of party nor the poisoned shafts 
of malevolence can ever prevail. Yet tell 
lis, whether it '.vas you or your friend Mr. 
Cuvillier, in a late private discussion of the 
merits of the present administration, who ob- 
served, that after all, the only difference be- 
tween it and that of Lord Dalhousie, was, 
that the Canadians had now a man who 
would shake hands with them ! My infor- 
mation does not authorize me to state pos- 
itively that you are the author of this most 
ungenerous sneer and uncomplimentary re- 
mark towards Sir James Kempt ; and, in- 
deed, you are, npon the whole, an animal 
whose ears are too long to be saddled with 
any observation of point. But Mr. Cuvil- 
lier, is an auctioneer, and, of consequence, 
a licensed withy profession. At all events, 
thi« shaking-hands business shews in a most 
extraordinary light your very weighty reasons 
for accusing Lord Dalhousie of pride and 
prejudice. Let me ask you whether it is 
pride and prejudice in any honest man to de- 
cline shaking hands with a personal enemy 
and a common calumniator of his fame / 
Are you not a personal enemy of Lord Dal- 
housie, and have you not publickly avowed 
yourself to be so '.' The little honour that 
may be left to you after such an avowal, will 
not allow you to do otherwise than to answer 
in the affirmative. Have you ever meddled 
with Lord Dalhousie's character in private, 
or calumniated his reputation as a governor 
in public ? Dare you hesitate for an answer ? 
12** 



a07 

If you do I will send for proof of the first to 
your friends, and of the other to your own 
wam/esfo, and speeches in and out of parlia- 
ment, as well as those midnight rhapsodies 
which you are said to have uttered prepara- 
tory to the complaints sent home against his 
lordship. Did you ever pollute the walls of 
Downing Street with your scandal ? And 
do you now suppose that you, or any of your 
gang, are fit to be taken by the hand by such 
a man as Lord Dalhousie? His Lordship is 
too much of a man of honour, loo much of a 
gentleman, and too little of a politician to 
grasp by the hands those whom he cannot 
trust with his fame. I once had the mortifi- 
cation to see a drunken scavenger, with his 
dirty broom on his shoulder-, come up to a 
peer of the realm, and for no other cause or 
provocation thpn his being a lord, abuse him 
in the most npprolvious epithets. To mj^self 
and others who §tnod by, this was a scene of 
disgust and abhorrence ; but to the nobleman 
himself it was only one of merriment. He 
gave the scavenger a crown, and his abuse 
was immediately changed into expressions of 
praise and gratitude. Sir, if you will have 
the goodness to transfer that mace from the 
table before you to your shoulder we shall 
behold an exact representation of the scav- 
enger, and his broom, with this exception, 
that you have not yet been paid the crown, 
otherwise your clamour against Lord Dal- 
housie would long ere now tave ceased, and 
be probably turned into abject adulation. 
But I have been told that you are a man of 



:ojN^ 



extensive reading, li'so, you can bo ut ul- 
loss in >vhat part of Paradise Lost to find a 
more apt j>arallel. You will there find your 
own counterpart as faithfully depicted', as 
.th'v found herself rellected when she first 
beheld her shadow in the pool. 

As to your Sciirrilit}/, Sir, it is worthy both 
of yourself and the cause which you advo- 
cate. In the vocation of scurrility, you ap- 
pear U) be exceediuj;ly well versed. It 
seems to be your native elecnent, as filth is 
that of vermin. You have been thouji!>t el- 
oquent. I think so too. 13ui it is oniv in 
scurrility. Did 1 not know, by your princi- 
ples, that you were brought forth and edu- 
cated in this Province, I should have nohes- 
itatiou, from i!u> styl<^ and oh iracter of your 
laUjiuage, to apply at l>iiliugs<;ato for a cer- 
tificate ofyoui' iKitivity. i>ut si rrility is a 
tr.ide so low, so gross, and so loathsome that 
uo man, however equivocal his reputation, 
can be injured by it : and it is only the grubs 
oftue earth that trartick in it. At the end of 
the session I prosiume yen will be able to tell 
us the amount of j/o»r gtiins. If your profits 
be equal to your industry, you will be able to 
lay up a capital that will enrich your poster- 
ity, without rendering them either the envy 
of others or respectable in their own ejcs. 
As to the principal object of your inveterate 
malice, his escutcheon is too j^urc, and his 
coronet too exalted to bo any Avays stained 
or disturbed by such ribaldry as you are 
uiasterof. If you intend that it should havo 
anv ellect, I would, therefore, advise you to 



209 

veiul your poison among 3'onr owu circle. 
There it may ilo good to all j)ariics. Whilst 
its use will serve to convict the utlerer of 
baseness, the circulators Aviil he punished as 
accessaries. Their punishment ^vill indeed, 
be dissimilar, but equally cRectual. The lat- 
ter will die an ignominious death and be for- 
gotten. The former will undergo an igno- 
minious death too ; but his memory will live 
to be deplored by his posterity, and execrat- 
ed by his countrymen. 

But who are you, Sir, who thus stand forth 
as the head and champion of nil the disaffect- 
ed and dissensious---ofalI the evil and igno- 
ble spirits in the Country ? By what rigii t 
of inheritance have ?/ou thus become at once 
the advocate of sedition and the calumniator 
of all men in legitimate authority ? If you 
have any other titles but those of a cowardly 
heart and a manevolent disposition, produce 
them, I entreat of you. But conscience 
whispers to you, that you cannot. She also 
tells you, that, with the exception of a few 
acres of ground, and a disrelish of British 
government and superiority, you have no 
other inheritance. Tou will not, of course, 
and the publick is not bound, to take my 
■word for this. I shall therefore prove it. In 
doing so, I shall adduce as my first witness a 
gentleman whom I dare say you venerato 
very much, and whose veracity I presume 
you will not be disposed to call in question. 
All I know of this gentleman myself, is, that 
he is reported to be a rank democrat, and to 
have taught you the elements of your poH- 



210 

ticks. He was himself, too, iu his time a 
noted politician, aiul for some time held a 
scat in tliat branch of iho legislature of which 
you say yourself ---for I deny the fact---you 
are Speaker. In that capacity the veuera- 
hlo gentleman in question said something rudo 
and insulting to a brotiier representative. 
This representative was not to he overdone 
in acts of hcuevolehco of this kind, and ac- 
cordingly sent a civil message to the venera- 
ble and honourable member begging his com- 
pany at a certain place next morning to 
meet one or two frien<ls. It is a very ex- 
traordinary circumstance, and has never yet 
been .!ecoiust<\' (or. !';;>ugh this ad'air took 
phifo many years since, thai the vcner.^blo 
member, though imbued with the ehnracter- 
istick poHteuess of his countrymen, neither 
availed bimsclfof the invitation of bis friend 
nor sent any apology for his absence. It is 
sagely presumed that some fanuly concerns 
called liim away rather hurriedly, lie that 
as it may. ho was never again seen in his 
j)lace in the Assembly ; and his seat is now 
occupied by a descendant everyway worthy 
of the sire. 

^Vhat relation you, Sir, hear to this vene- 
rable man lu" tbe proplo, I will leave yourself 
and others to uetormine. Lot me only add, 
that if you do not inherit his flying propensi- 
ties, you are fully his equal as well in giving 
ns in receiving invitations of honour. The 
whole province laughed at you when Mr. M. 
pulled you by the nose in the lobby of the 
IIouso of Assembly, and you had the courage 



iii 



to toH liim that you would prosecute liim i 
You may think iiie personal.* But do you 
really think that any thing can he more per- 
sonal, tliau tolling a man that he is deaf to 
every soutiniont hut pride, prejudice and des- 
potism. Do you not in eflcet and in fact call 
such a man a coward ? Do you not denounce 
him as a man destitute of every sentiment of 
bouour and principle of justice ? And what 
Loan of honour or courage would take taunt 
or insult from you, who iulicrit neither by 
birth, and upon whose heart no good exam- 
ple or custom can make any impression 
through life. 

Without doors, to use a parliamentary 
phrase, the province has yet to learn th« 
grounds of your pretensions to the invidious 
office of public censor, and still more infamous 
profession of general calumniator. Whence, 
tell us,this singular assumption of precedency. 
Whence this robo---these emblems of author- 
ity with wliich you have invested yourself; 
for that authority must, indeed, bo great 
which gives you a censuring and condemn- 
ijQg power over the highest and gravest offi- 
ces of government. Wiiat new dignity is 

*In a letter from Pope to Arbulhnot, dat- 
ed 2(>th July, 1734, he says : — " To reform, 
and not to chastise, I am afraid, is impossi- 
ble ; and that the best precepts, as well as 
the best laws, would prove of small use, if 
there were bo examples to enforce them. 
To attack vices in the abstract, without 
touching persons may be safe fightine:, m- 



this which you have exclusively appropriated 
to yourself. Produce your patent, I beg of 
you ; for it has hitherto eluded all our senses 
of touch and vision. From which of the 
great and virtuous actions of your lifo has it 
emanated ? I have known you for many 
years, and to none of those can I trace it. I 
know not what you esteem as acts of virtue 
and humanity, but I will tell you one or two 
that I do not consider in that light. I do 
not esteem it either virtuous, g'.*nt;'ms, or 
humane in you to have shut your neart and 
your purse against the claims of the sufferers 
from the New-Brunswick conflagration at a 
time when every other heart and purse in the 
province and in the empire were thrown 
open to their necessities, and when, as 
Speaker, you had pocketed many thousand 
pounds of the publick money. Their solici- 
tations, though made by gentlemen every 
way your superiors, were received with the 
cold juhuman remark that the sufferers were 
hutches Anglois, undergoing the pains of a 
terrestrial ordeal preparatory to an infernal 
one ! Deeds of charity ought to be done in 
private ; nor will I insult the leading object 
of your malice by contrasting his conduct on 
this occasion with yours. It will be suffi- 
cient to say, that were I to do so, the pub- 
deed, but it is fighting with shadows. My 
greatest comfort and encouragement to pro- 
ceed has been to see, that those who have no 
shame, and no fear of any thing else, have 
appeared touched by my satires." 



^13 

itek KOuUHh'' .u no loss upon >>lio:u (vMiv 
thesti^'iiiiA of i>iiili\ prt\)Uiiioo. auvl tlcspot- 
isni. laml Dalhousio's charity has «^vev 
been luimitveont. Youi-^ has always brrw 
cojituioil to a ro/f in ike House of Assomhly. 
Ho nhvays jiavo away bis own in elemosy- 
iiary gifts. You weiHJ contt^nted mul sivnti» 
fietlhy disposing;" of thf^ propony i>f I'ttun-s. 

P<> von ivtiuMubcr But why should 1 

insult tho ptihhok with u iMtalo;;iio o( your 
Ciritt«*s f Are thoy noiulroatly well known?. 
Do we not fiutl nioplo proots of thent in every 
counteuiiuce nt the bare mention o( your 
nuMte ? Is not the naaio o\' l\iy'tu\r.) a by- 
■^NoM nnil a [>roverb ." Is it not heUl in tleris- 
iou by all w hti wish well to the tountry I 
Is It not synonymous, not only with yide^ 
prtjHifict^ «m( tksiHHism* but with «rvery thiujs; 
thnt is ntHenb>«s. bijiolted luul obstinate? 
Aivnotthe very e<jA»>/»< now oulletl l\tyn- 
eaus * But let us behold you in auother 
character: let us behoUi you tcithifi dth^rs^ as 
the plir.ise has it. 

You were btvu^ht up to ttie Liw : a most 
noble rtuii ivspecrable prt>fession in which, 
ilull as your foivnsick talents are. you mij;ht 
h.no succeeilcil ; ami iiraj;j;etl t)ut a hfe. if not 
of spleuiJoiu" orartUienee, at least of ct>mpa- 
rative innoeenee ami retirement. !*ut the 
eourts of law . were too eontraeted a fieltl (or 
a man of your an\bition : you found their tii};~ 
nity, ortler. ami suboixlination iueompatiblo 
witbyour views, an^^ destructive of your aspi 
rations. In uuevil hour ymi deserted the bnv. 
and betook yourself to the more precariou-o 



214. 

trade of politicks. How you have hitherto 
succeeded io your new employment, an ig- 
iioraot and discontented people — an idle and 
famished peasantry — a disgraced and ruined 
couutry.bear ample testimony. Sir, the rest- 
lessness of temper which made you a legisla- 
tor has proved injurious to yourself; but the 
ambition which placed you in the Speaker's 
chair, has, I fear, destroyed your country. 
We shall be overwhelmed if you do not de- 
sert the senate as you did the bar, and imme-- 
diately retire to your original obscurity. 

Your career in the Assembly, but especial- 
ly as Speaker has been remarkable for a 
variety of strange circumstances. In what 
publick capacity does the province ever hear 
of you as a politician ? Your publick iden- 
tity is confined to the Hustings and the As- 
sernbly ; and the chart of your travels scarce- 
ly extends farther. We never behold you as 
a member of any literary or scientific society. 
We never see you mix with the gentlemen of 
the country in giving aid, countenance and 
encouragement to the youth of the times in 
their endeavours to store their minds with 
useful and ornamental knowledge. Neither 
our museums nor our Libraries owe you any 
donation : not even one of those speeches 
and pamphlets in whose praise yourself and 
your friends are so clamorously eloquent. 
No ; we never behold you, but in a dull round 
of plodding intriguing politicks. No scene 
has any charms in your eyes but the gloomy 
walls of the house of Assembly ; no station 
but the chair, the table and the floor of that 



2i6 

venerable fabrlck. Your oratory, too, liko 
your person, has its locale ; and we scarcely 
ever hear of you as a speaker, but when the 
mace and a thousand pounds are glittering 
in naiagnified rays before your eyes. Who 
over thought before that avarice had been a 
Constituent part of eloquence ! Sir, I know 
not whether you keep a mistress ; but if you 
do, you are much beholden to her for initiat- 
ing you so perfectly in the abandoned trade 
of prostitution. Have you not prostituted 
all the little talents that you possess to tho 
gratification of a party ? Have you not made 
it the object and study of your life to please 
that party in their endeavours to obtain tho 
mastery over the government of the prov- 
ince ? Have you not sacrificed with thera at 
the shrines of Bacchus, of Pluto, and of 
Mercury? Have you not, in fact, become 
the High-Priest of their political revelries? 
Have you and they not turned the House of 
Assembly into a house of bad fame ; in which 
the character, reputation, and circumstances 
of every honest man in the country are night- 
ly investigated and discussed ? But you have 
done worse than opening a banqueting house 
for scandal. Have you not established an 
inquisitorial tribunal over the lives, liberties 
and privileges of every British subject in the 
province? What man is safe from your il- 
legal and unconstitutional scrunity ? What 
private family is secure from your Jesuitical 
mode of procedure ? Is there a father in tho 
province who does not tremble for his ofT- 
spring if they are anywise connected ^vith 



216 

the publick business of the country ? Is there 
a son who does not do the same thing for his 
father? Who, that differs in opinion from 
the House of Assembly, is not made an ob- 
ject of insult and persecution ? Who, in the 
honest discharge of his duty happens to give 
oiSence to the Assembly, that is not dragged 
before them with every indignity, and com- 
pelled to undergo, not a fair and legal trial, 
but contumely, scorn, and disgrace ? In the 
name of British Liberty, what age and coun* 
try is this that we live in ? Britons / can 
you longer endure this! Do you live in a 
British colony, and submit to have your rights 
thus wrest-^^d from you! Can you live, and 
forfeit the liberties for which your fathers 
bled ? Is the cause of Sidney and of Hamp- 
den no longer yours ? You are loyal and 
brave. Be resolute and courageous ; and 
rest assured, that the evils you now complain 
of will soon have an end. I declare, in the 
face of my country, that the House of As- 
sembly, as at present constituted, is corrupt 
and an intolerable nuisance. The people 
have a right — a well defined constitutional 
right-— to recall such representatives. Let 
that be done. Let us peaceably and res- 
pectfully petition the Governor to dissolve the 
present parliament. There can be no right 
without remedy. There are limits to the 
privileges of the House of Assembly ; and 
when these limits are over-stepped, I main- 
tain that even the Legislative Council — that 
traduced and much abused body — have a 
constitutional right tojoin the people in pre- 



;:i7 

serving the coastitution. They are as much 
the guardians of the puhhc -welfare as the 
House of Assemhly ; and they are therefore 
bound to assist us when our rights and liber- 
ties are at stake. It has been said that dis- 
solutions do no good in this country. I care 
not. Let the forms and powers of the con- 
stitution be maintained when the rights of 
the people are in danger. Who is the phy- 
sician that would not administer medicine 
when the body is diseased and in danger, 
though he were assured that no benefit should 
result from it? 

But, Sir, I have lost sight of you for a lit- 
tle. Yet, were you a thousand times of more 
importance than you really are, who could 
preserve any remembrance of you when his 
country w as in jeopardy ? No wonder, then, 
if I have forgotten you for a moment. But 
though I forgoi you personally, the miseries 
which you have entailed on the province 
were fresh in my memory, and its real inter- 
ests deeply engraven on my heart. I had a 
right, therefore, to rally around me all the 
loyalty and sterling principles which I know 
ihe country to be yet possessed of. I did so ; 
and 1 have not so mean an opinion of myself 
as to think that my efforts will have beea 
altogether in vain. But I know not that I 
should,, at present, add any thing more to 
the truths which I have told you. I have 
convicted you of Falsehood, Defamation and 
Scurrility ; and I think that the transmission 
of this record to posteritv, will be ample 
13 



Ms 

|)UuishmeDt. 1 should be sorry, liowever, to 
send you down lo futurity who'ly unaccom- 
panied ; and therefore beg leave to introduce 
to you the very acceptable names of Viger 
and Vallieres— names connected by allitera- 
tion as well as by a community of feeling, 
priaciple, and profession :— 

" Two bookful blockheads ignoranlly read 
^»Vilh loads of learned lumber io their head." 

They both participated with you in your as- 
sault upon the character of Lord Dalhousie • 
and it is but right and just that they shouM 
share in your punishment. Mr. Viger is also 
reported to have said, in the debate on Mr. 
Christie's illegal and unwarrantable expul- 
sion, that " for his part he felt it painful even 
to name such a man as Lord Dalhousie." No 
wonder ! He knew that Lord Dalhousie was 
a gentleman ; which he is not himself. He 
knew Lord Dalhousie to be a soldier ; which 
he also is not himself. The skulking ex- 
ploits of a Niger behind a tree in the battle 
of Chateauguay, have not yet been forgotten. 
They yet serve as an amusing tale to beguile 
the long w^inter nights in the neighbourhood 
of that famous field. As to Mr. Vallieres, 
the " damnable system,^' which he spoke cf 
on the same occasion, has served to give to 
the country a better opinion of his refigious 
principles than have been hitherto entertain- 
ed. This is the first intimation the publick 
liavehad of his belief either in heaven or 
hell. The province rejoices at the conver- 
iioD of so sreat a man : and tl»e clmrcb. that 



■19 



reared hira IVom a destitute orphau to i/is 
present exaltatioa and popularity, cannot, 
do otherwise than perform iiigh n>ass and 
Te Dtum for the return of so undutiful and 
long-lost a prodigal. However, were he 
now wearing, as he expected, Judge Tach- 
ereau's three-cornered hat, the publick will 
do hira the justice to believe, that, " be the 
administration of Lord Dalhousie" what it 
would, we should hear hira extolling it to 
heaven instead of sinking it to hell. 

Adieu, for the present, false and defama- 
tory Triumvirate ! Adieu, wretched calum- 
niators of a man of acknowledged honour, 
virtue, and integrity ! Adieu base slander- 
ers ! If you ever renew your work of malice 
and vindictiveness, depend upon it, that yoLU 
shall hear again from 

THE WATCHMAN. 

58th February, 1899, 



m 



NO. IX. ^ j^ 

" The. ivell-bemg of a Stats is u-holly depend- 
ent on the character of a people.''^ 

To John Gait, Esquire. 

In fulfilment, my dear Sir, of my promise 
to communicate to you whatever iofoima- 
tion I might deem of importance respecting 
this distant, but interesting portion of Hrs 
Majesty's dominions, I have often revolved 
in vain on a subject befitting both your own 
superior talents for iaqi'iry, and those means 
of improving them which you could not fail 
to have enjovod during your residence in the 
country. This residence, however, though 
of the utmost consequence to the iuture glory 
and prosperity of the Empire, must nesessa- 
rily be too short to enable you to investigate 
with that truth and accuracy, for which your 
researches have ever been remarkable, every 
subject claiming the attention of the philo- 
sophick traveller ; and there being few to- 
picks which require a more penetrating eye, 
a keener spirit of investigation, or a more 
intimate acquaintance, in order to be able to 
draw a true representation of their various 
degrees and" shades, than the character and 
manners of a strange people. I have, there- 
fore, as an eye and an ear witness of seve- 
ral years, had the boldoess to attempt giving 
you a Sketch of the Manners and Customs of 
the French Canadians. But 1 beg of you al- 
•ways to remember, that it is only a Sketch, 
and the very feeblest of Sketches ; for, al ■ 



221 



though few, indeed, I may say no cue. has 
treated the subject as J, with due humility, 
propose to do, yet I shall only look upon my 
reminiscences as a sort of DEedaleati clue for 
extricating a greater stranger than myself 
out of that most intricate of all labyrinths, the 
erring and winding ways of man. It he- 
comes me at the same time, to assure you, 
that nothing shall be stated but with the ut- 
most possible deference to truth ; than no 
trait shall either be heightened or shaded in 
its colouring beyond the bounds of its legiti- 
mate and peculiar characteristicks ; that no 
sentiment shall willingly or maliciously be 
distorted or exaggerated ; that foibles and 
blemishes, if they do exist, being inherent to 
every class and denomination of mankind, 
shall not bo brought forth in order to be 
treated with contemptuous severity, but 
merely to elucidate more forcibly the sources 
whence they spring, and the evils to which 
they lead ; that folly and presumption will 
be pitied rather than blamed ; that if crime 
or immorality should unfortunately meet us 
on our way, they shall not indeed be either 
shunned or palliated ; but neither will they 
be treated in any other way than as the fatal 
engine of the ruin and destruction of society ; 
and, in a word, that however much the pen- 
cil may be wanting in art and dexterity, it 
will be my endeavour to make it up in an 
undeviating love of truth and persevering 
effort at accuracy, so far as the means of my 
information extend. 

13^ 



AqJ hei-e I cannot help expressing my sur- 
prise at the extreme paucity of our informa- 
tion regarding the customs and manners of 
the French Canadians, who, with respect at 
least to the British publick, are, at this mo- 
ment, a people almost as much detached as 
they were when Wolfe planted the British 
ensign on the Heights of Abraham, or even 
as much so, in several instances, as it is pos- 
sible for the savages of the woods to be, 
whose estrangement is not so very uncon- 
querable as it is generally imagined, and 
whose aversion to Englishmen, in particu- 
lar, is not loaded with half the prejudices 
that are to be found among the Canadians. 
This want of information, insignificant as it 
may at first appear, has been the source of 
many national and local evils, as well as po- 
litical blunders. For had the love of free- 
dom, susceptibility of improvement, respect 
to British institutions, and, in numerous in- 
stances, docility of temper so natural to the 
Canadians, been better understood and 
brought into operation during that eventful 
period, from the conquest till the passing of 
the Canadian Magna Charta in 1791, our 
legislators and law-givers should not, at this 
Lite seasion, have to encounter so many 
stumbling-blocks as, you must be well aware, 
daily spring up in their way to reformation 
and improvement. The enlargement of the 
book of knowledge, would not only extend 
their views, but give an impetus and a prop- 
er direction to all their plans. But, without 
this, those who have the superintendence of 



iiatioaal aftairs, especially those ol'colouiei 
situated at a clistaueo from the mother coun- 
try, must always bo i^ropitig in the dark, and 
blind leaders of the blind, till Boine <'«arful 
catastrophe meet them in tiicsr wa^ and 
plunge them mto irretrieviihle ruin. It will 
then be too late to look for the proper path, or 
for careful guides to lead them through it, 
for the quagmires and vortices of the slough 
of political despond may have already swal- 
lowed them, with all their ambitious, but 
ill-directed, hopes and projects. 

I do not assert, that any thing of this has, 
as yet, taken place in Canada, and I sin- 
cerely hope it never may ; because I perceive 
many things going on around me uhich be- 
token the most auspicious improvements, 
nay, which, I trust, will ultimately avert the 
fears of the most solicitous regarding this 
part of the British empire. Yet who can 
look upon the beggarly fund of information 
which a Bnu^n can boast of with respect to 
this country, and the difficulty which he al- 
%vays experience in drawing upon it for how- 
ever small an amount, without absolutely 
hesitating as to the actual dependency of such 
u vast territory upon the British crown, and 
loudly exclaiming against that false and short- 
sighted policy which should thus, by a piece 
of the most cruel and culpable negligence, 
sacrifice the best interests of a large body of 
the finest people in the empire, and perhaps, 
the ultimate welfare of the empire itself! I 
am no stickler about voyages and cxpedi- 



224 

ijous to Tombuctoo, the sources of the Niger^ 
the north pole, or even to the moon, if such 
a trip could be aceompHshed, of which, by 
the way, we need not despair, considering 
the many wonderful thinjr^? that are done in 
this our day and generation, provided such 
expeditions and voyages W'ould either add to 
our knowledge of science, or serve to main- 
tain unsullied and undiminished British va- 
lour and intrepidity. But when I behold 
tome upon «orae, and quarto upon quarto 
fullof thrice-told savage wonders and Indian 
legends, and descriptive of rocks and stones 
■ — of rare birds and wild animab with which 
the learned world has heeu familiar lor ages, 
while scarcely an authentic page can be pro- 
duced on the subject of the moral and phys- 
ical character of nearly half a million of 
British subjects — a subject of all ethers the 
most important to an enlightened uation — I 
positively marvel at the great want of judg- 
ment which it discovers in a quarter from 
W'heoce better things might be expected, and 
become really amazed, taat the consequent 
myopy has not been productive of far great- 
er evils than those which we so justly com- 
plain of. Let me ask you, if such a state of 
things be not for once, at least, an ample 
and decisive proof of the justice of a maxim 
in the last book of Aristotle's physicks, which 
says, that whatever was below the moon was 
abandoned by the gods, to the direction of 
nature, and chance and necessity ? 

You are of opinion, that whatever pre- 
ludices exist among the Canadians to the 



22j 



general character, opinions, manners, and 
public institutions of their neighbours of the 
Uniteil States, ought to be fostered as the 
surest pledge in the time of need, that they 
will not fail in the most faithful discharge of 
their duty to themselves and their country. 
I believe I had the pleasure verbally of con- 
vincing you how cordially I agreed with you 
upon this point to a certain extent, and it 
wiirbe niy duty, in the sequel, to show you 
how far these prejudices at present obtain. 
But if you will maturely consider this impor- 
tant subject in all its bearings, I think you 
will, in your turn, agree with me in the con- 
clusion, that tho more you promote and fos- 
ter these prejudices, without at the same 
time inspiring those who entertain them 
with sentiments of national pride and patri- 
otism of wider bounds than those of Canada, 
and almost extending to the utmost verge of 
the British dominions, the higher and the 
thicker you will build thatfatal wall of parti- 
tion which has so long divided the interests 
of the English and French inhabitants of 
Canada, and entail upon the country those 
very evils which, by a more extended field of 
information, we assure ourselves would in- 
evitably and irremediably be destroyed. The 
prejudices of an enlightened people against 
foreigners, such, for instance, as those en- 
tertained by the British against all foreign- 
ers, but particularly against the French, do 
aot appear to me to arise so much from hatred 
.and contempt as from that conscious supe- 



226 ■ 

rlority, that unalterable love of country, and 
that flattering self confidence which, as being 
the most acceptable unction to the vanity of 
human nature, it would be as easy as it 
would be prudent to instil into the minds of 
every independent nation. These preju- 
dices, if tliey may be called such, seem to be 
the true foundation of genuine patriotism. 
But how is this generous and chivalric pas- 
sion to be cultivated in the bosoms of a con- 
quered or collateral people, occupied with pe- 
culiar notions of their own at perfect antipo- 
des, perhaps, with those of the mother coun- 
try, and confined to what I may term the 
exclusive system of a corporation that has 
no interest, and desires to enjoy neither in- 
terest, nor influence beyond the bounds of 
its own contracted sphere ? Simply, in my 
humble opinion, by a strict and impartial in- 
quiry into the general character, springs of 
action, susceptibility of change, bias to any 
particular order or system of society, capa- 
bility of instruction, natural love of country, 
fondness of general knowledge and, in a word, 
into any prominent feature characterisrick of 
a free and industrious people. Such an in- 
quiry conducted, under the auspices of such 
agoverument as ours, by such men as your- 
self — no flattery, believe me — would aflbrd 
to the philosopher and the politician a sort of 
moral chart which would enable them to car- 
ry with safety and success into the bosom of 
the Canadians any measure calculated to 
promote the general welfare of society, or 
the political prosperity of the empire ; and 



'/Z« 



enable ihem to lay the fouadatiou of almos? 
©very public and private virtue. 

By this means, without entering into naa- 
Dy particulars, the somewhat useful, but I 
fear rather dangerous prejudices to which I 
have been alluding, would certainly be eradi- 
cated ; but I hope yoo perceive, that they 
would gradually be replaced by prejudices 
far more important and enlightened, 'f I roay 
say so. We should exchange the prejudices 
of gross and barbarous ignorance for the 
more manly and useful ones of education 
cind real love of country. The one &})ecies 
of prejudices — that of rudeness and barba- 
rism~though deeply rooted can only be 
nourished by sloth and brought into Uiieful 
operation by flattery; while the other, be- 
cause it contains the principle of action with- 
in itself, is always ready to be brought into 
operation whenever circumstances may ren- 
der it necessary. The one, in short, de- 
grades, while the otherexalts human nature. 
The one debases the soul of man to a level 
with the brutes that perish, while the other 
cherishes every noble sentiment* and serves 
to raise the mind to the highest and the 
proudest pinnacle of the tern p'f> of fame. I 
have said that the prejudices of ignorance 
must always be flattered beff?re they can be 
made to produce any useful results. Let me 
be more plain, and say, that the prejudices 
of my fellow subjects, the Canadians, as they 
are of the worst possible kind, must always 
undergo this degrading operation in order to 
render them productive of any good effects, 



«neu such citiects as arc only calculated to inX' 
iniaister to their own personal interests and 
ieelings. But is not this a most melancholy 
foaturoin tlie character of any people ? Is 
it not a most t!e{)Iorable circumstance — nay, 
dlsg^racoiul to human nature itsclf---lo think, 
that, iu order to rentier any particular vice 
serviceable, and what is the prejudice of igno- 
rance, hut a vice, it is necessary to call it in- 
to active existence by the application of 
another vice equally, if not more debasing?' 
Yet who will deny the fact ? In cill the 
eventful emergencies of war and invasion to 
Avhich we have been almost unremitiingly 
exposed on this continent, either by our own 
folly, or the avidity and ambition of others, 
by what means did we prevail upon the In- 
dians to take an interest and a part in our 
af5;iirs ? Why, by imposing, iu the first 
place, on their credulity, and iu the next, 
flattering their vanity and and corrupting 
their native love of country. Their preju- 
dices were strong, but not so strong as to ena- 
ble them to resist the more powerful grasp 
of bribery. For our own sakes, and not oa 
account of any love we bore to them, we ap- 
proached them as we would a man out of 
liis reason or half distracted with rage, easi- 
ly seducing them from their own more natu- 
ral and legitimate allegiance by those means 
which gave to knowledge in all circ umstau- 
ces the superiority of ignorance. Thus the 
poor unfortunate creatures become a sort of 
Cis-Atlautic Swiss, ready to barter to the 
highest bidder those services which their 



229 

i'udeness, ignorance and prejudices prevent- 
ed them from applylag to the salvation of 
their country. It is just so with the Can- 
adians, whose prejudices, as I said before, 
are, in a many respects, as narrow and deep- 
ly rooted as those of the Indians ; and whose 
notions of patriotism if they have any no- 
tions at all upon the subject, are solely con- 
fined to their own narrow circle and circum- 
stances. The ridiculous jealousies of the 
Canadians prevent them from extending their 
views. This prevents them from associat- 
ing with their more enlightened fellow sub- 
jects, by whom alone they can be taught those 
generous sentiments by which all great na- 
tions are almost spontaneously actuated^ 
They are thus strangers to their most impor- 
tant duties, as members of this great empire. 
In time of danger, therefore, a sense of this 
duty must of necessity be forced upon them. 
But how is it possible to do this, except by 
that identical process which was used with 
respect to the poor savage ? It is therefore 
but reasonable to suppose, that a people of 
such confined views and such unseemly sen- 
timents should become, at times, the prey of 
those most dexterous in plying them with 
those hopes and fears most congenial to their 
prejudices. Indeed the strongest, whether 
friend or foe, will become their master ; and 
they will cry out like the Italians, God save 
the conqueror ; passing, in all probability^ 
from one allegiance to another in the course 
of a Campaign. 

Tbns our dntv at once to ourselves nnd tliis 



oQ 



sprightly but rude people, becomes plain aud 
evident. Theymiist be inspired with British 
sentiments and Bnfish feelings. Though 
permitted to retain the free exercise of their 
manners, language and religion ibey must bo 
taught to look upon themselves, not as a dis- 
tinct people having no community of inter- 
ests or feelings with the rest of the country, 
but as an integral, important and substantial 
part and portion of the nation. They must 
not be taught, as they have hitherto unfor- 
tunately been, by those claiming influence 
over them, to look upon EngHshmen as for- 
eigners aud invaders of their country, but as 
brethren whose rights are neither superior nor 
inferior to their own, and whose prosperity 
is not a whit dearer to government than 
theirs. They mustnot be allowed to ima- 
gine that the sole business of Englishmen in 
coming to this country, is to crush and ex- 
tinguish them, but, on the contrar}', to im- 
prove their own condition in life, and in do- 
ing which, they are always willing that the 
Canadians should go along with them side 
by side. They must be taught, that our laws 
are equitable, humane aud salutary ; that 
government, especially such a government 
as ours, and which we have most liberally 
imparted to them in its fullest vigour, is not 
the engine of tyranny or despotism, like that 
from which we have emancipated them,, but 
of freedom the most perfect, and of power 
the most extensive ; that our protection is, 
in every respect, unquestionable ; and that, 
jnstcad of loading them with public burden;? 



231 

for that purpose, we do it gratuitously, aad 
relieve thein from every imposition, except 
those calculated to promote their own imme- 
diate improvement and prosperity. Bur, 
above all, they must he mentally instructed. 
Th*i iron barriers of i<2:norance and supersti- 
tion must be broken down, so as to admit 
the gonial rays of education and learning. 
The mind must bo illuminated. 

If all this be done, we shall soon discover 
the Canadians to possess all the virtues that 
we can reasonably desire, and a strong dis- 
position to am.alganiate with every thing lau- 
da1)le in British sentiments and feelings. 
AVhen we have occasion for their services, in- 
stead of finding it necessary to address our- 
selves to the prejudices of a poor and selfish 
people in a state of seml-harbarisfn, we shall 
find them meeting us half way, mutuary 
fraught with indignation at the country's 
wrongs, and inspired by every sentiment be- 
coming a great and free people. We shall 
no longer be obliged to treat with them for 
their assistance as with foreigners whom wo 
wish to become our allies, in order to avert 
the approaching danger ; and it is not b}' 
trucking, higgling and bartering; for the ser- 
vices of her own sons, that England has at- 
tained her present elevated station, and, in 
a great degree, become the protectress of the 
civilization of the world. Lee the Canadians 
persevere in calling themselves a JSTition. If 
there is any charm in the title, let them enjoy 
itin its fullest extent. But let it be enjoyed 
as an integral part of that of Britain, in'thr; 



23^ 

auie way that the inhabitants of the Roman 
j^rovinces, while they preserved their own 
national appellations, claimed, aodwere proud 
to obtain, the more important and dignified 
title of Roman Citizen. This, I dare say, you 
will say,is still ministering to those local prej- 
udices which I ara so anxious to see destroy- 
ed. It is so. But if we permit any kind of 
prejudices to exist — and there is no nation, 
and God forbid there should be any natioii 
without certain prejudices — this harmless one 
ought to be the first to be tolerated and fos- 
tered. There is, as you well know, a pecu- 
liar charm in the nicknames which dtfferent 
countries sometimes give themselves. With 
what electrifying emotions do the various ap- 
pellations o( John Bull, Saivney and Paddy, 
strike the ears of the different inhabitants of 
England, Scotland and Ireland ! No one will 
deny that this is a prejudice; but who would be 
so cruel as to seek its destruction ? If, there- 
fore, the Canadians can be made happier by 
an indulgence so common among their fel- 
low-subjects, let them enjoy it in the same 
manner that they do — the mere emblem of 
good humoured distinction, but at the same 
lime, of true hearts, united courage, and uu- 
deviating loyalt}'. 

But it has been objected to ihe mother 
country, that it is neither her Tight nor her 
policy, in any manner to interfere with the 
Canadians so as to force upon them any 
change of manners, customs, or laws, howev- 
er conducive to their moral and political im- 
provement. Nor is this the vague and idle 



surmises of a day. It has, as yuu partly 
know, become of laic the business of a very 
influential party — and a par<i/ it is in every 
sense of the word — to instil such dangerouK 
floctrines into the minds of a people, whose 
proverbial ignorance and credulity render 
them above all others the easy dupes of poli- 
tical intrigue and factious principles. It is 
daily uttered in pamphlets, newspapers, and 
all those other popular means of corruption 
by which wicked and dissolute men have in 
all ages^becn able to poison a certain portion 
of the public mind. As to this country, such 
indescribable enormities have been commit- 
ted on the glorious liberty of the press, that 
great palladium of British freedom, that it is 
now scarcely possible for it to disgorge any 
thing that can disgust, however much it may 
contaminate ; for every liberal and generous 
act of government, every act calculated to 
raise this colony in dignity and importance, 
has the misfortune to encounter in almost 
every direction a mountain of resentment and 
abuse sufficient to astonish if not horrify any 
reasonable being. But that the pure press 
of England should bo sullied as it has of late 
occasionally been, by the slime, and filth and 
putrid saliva, and leprous bile of Canadian 
factions, is rather too much for our patience 
and fortitude to bear ; and is a convincing 
proof, that neither place nor time is two sa- 
cred or unsuitable for the purposes of those 
who have no business but error, and no am- 
bition but to be distinguished as the misleaders 
''''kJ corrupters of mankind. It was? in this 



234 

nmiiuer that what is fashionably termed the 
Ainericaa revolution, coiuineuced. It was 
by the prcachiug of this identical doctrine, that 
the Apostles ot eoalusioD aud rebeihon pre- 
pared the miuds of weak and uniuforuied 
incti for dcsj)ising the parental authority of 
the mother country, ant! of driving Britons 
to the madness of imbruing their hands iu 
oacii other's blood. It is evident to every 
impartial observer, that Canada is fast ap- 
proaching towards some important crisis, 
and that, too, acrisis not the most satisfacto- 
ry to the lovers of order and good goveru- 
mcut. A political storm has lor years been 
gatlieriug in this country, which, if longer 
submitted to, must inevitably carry us down 
the tide of inextricable ruin; but which, if 
resisted iu time, and manfully stemmed, 
must yield to our jjcrscvcrance. and burst 
harmless long before it approaches to that 
destructive maturity which it at' present por- 
tends. It is, therefore, of the highest conse- 
quence both to England and Canada, that 
their true relative situa'.ions should be dis- 
tinctly traced out ; that the authoriiy of the 
one and the duty of tiie other should be im- 
pressed on every mind and made legible to 
every capacity ; and tljat, iu short, the rights 
of Sovereign and vassal should be so ascer- 
tained as to render the least deviation from 
them as dangerous to the one party as to the 
other. Iu uic event of revising our present 
constitution for the purpose either of remod- 
elling it, or devising belter means for pro- 
moting the peace and impvovcrueni ofthi* 



23j 

part of the British dominions, this^ — 1 meaE 
a clear and distiuct iiuderstandiug of the re- 
lation subsistiug betwixt ns and the parent 
state — is the first thiup; that ought to be done: 
for whether we know our own interests or 
uot, and w hetiier knowing them, we pursue 
th ni in tlie right or the wrong way, nature 
herself will teach us to resent, and that in no 
very mild or delicate terms, every reprimand- 
ing voice and every blow of correction, ex- 
cept those alone which proceed from recog- 
nized and well-defined authority. If this 
first principle in the government of Colonial 
possessions be uot attended to, we may well 
despair of every step that may betaken ia 
their amelioration, where prejudice and in- 
terested views — a thing unheard of — do not 
go hand in hand with philosophy. If, there- 
fore, in humbly submitting to your consider- 
ation a slight view of tb"^. deplorable state of 
matters in this province, and the mode ia 
which, in my opinion, tlwy c.tn only be ex- 
tricated from their present jeopardy, I shall 
be tempted to go somewhat into detail, 1 
trust you will forgive me, and credi* me whea 
I say, that nothing but an ardent desire to 
see Britain flourish in all her <lepartments 
and dependencies could have induced me to 
lead you into discussions which I fear will, 
to you at least, be far more tedious than pro- 
fitable. 

Trusting to future opportunities and more 
ample leisure than I at present enjoy for the 
fnlfilmeiat of mv promises oa the subject 
14 



here touched upon, I must desist ior the 
present, and only add that I always am, 

Yours, truly, 

THE WATCHIVIAN 

7 th March, 1820. 



NO. X, 

^' When ilie blessings of the British Consii- 
tution ivere granted to this Province, you re- 
ceived them with the recorded experience of cen- 
iuries of practice: there is no question of doubt 
or of difjiculty that may not find its precedent 
in the records of the Imperial Parliament, and 
I cannot think that any iviser guide need be 
desired." 

Lord Dalhoiisie^s proroguing Speech, 17th 

March, 1821. 



The late Session of the Provincial Parliament . 

Although we have already expressed cm- 
opinions on some of the leading questions 
which have occupied the attention of the 
Legislature, stiil the session offers us abun- 
dance of naaterials for further observation. It 
is the most important session that has been 
held under the present Constitution. On its 
decisions hung not only the peace, welfare, 
and prosperity, of the Province, but the very 
existence of this Constitution itself; which, 
from the atrocious nature of the proceedings 
that distinguished and characterized the ses- 
sion, and the monstrous issue of its termina- 
tion, has, in a manner, been destroyed and 
annihilated. What is the Constitution but 
a rule of conduct ? If that rule be once bro- 
ken or encroached upon,by what other means 
shall societv be held together, and onr rights 
]4 



!JS 



and liberties preserved from destrucilou ? xn 
nudcrtaking to review a session pregnant 
witli such momentous consequences, ve are 
not ignorant cither of the ardour of the task 
which we have imposed upon ourselves, or 
the fate which awaits us— -the fate of all those 
who dijjiinguish themselves by opposing 
number, power, and prejudice. We know 
vight wcH to what animadversions and im- 
putations we expose ourselves. Wo know ^ 
what a speaker or writer has to expect in 
thsse days who advocates the cause of the 
constitution and the rights and sentiments of 
those true Britons who have the misfortune 
to live under it in this Province. We know 
we live in a country where, though subject 
to British rule and i?ritish dominion, the very 
countenance of an Englishman is beheld with 
aversion, and where he is esteemed a great- 
er enemy than even an alien from any other 
quarter of the world. We know we live in a 
British Province which affects to raise itself 
to the character and standing of a Natioj}., 
and that he who resists the impotent and 
ridiculous claim, runs the hazard of being 
branded as an incendiiry and oi ilaw. We 
know we live in a country upon which the 
blessings and privileges of the British Con- 
stitution have been conferred, but where tho 
uuthorirv derived from those blessings and 
privileges has been made subservient to the 
most infamous and iniquitous purposes. Wo 
know, as we have said on a former occasion, 
that there may be a Political as well as a Re- 
rigious Inquisition, and that there is at thi-^ 



239 

liioment a Political Inquisition in this Prov- 
ince! We know all this, and a great deal 
more which we will not now recapitulate ; 
but still we flinch not from our duty; and 
never shall, even if the whole power and 
menace of this Inquisition were arrayed 
against us, until we behold a purer and a 
brighter sun arise on our political horizon. 
Thank God ! we are strang;ers to that grov- 
elling cowardly spirit which has of late char- 
acterized the Press of this Province. That 
Press has abandoned a good cause and be- 
trayed a great man and munificent patron. 
We proclaim this to the world in the sight 
and hearing of that Press. We thus give it 
an opportunity of vindicating its conduct if 
we have arraigned it unjustly ; but we fear 
that its condemnation has already been pro- 
nounced by the publick. It is true that ive 
have come later into the field than any Press 
now in Canada; but it is also true that our 
inducement to remain so long in it, is the 
desertion and flight of those who ought to 
have died on the spot rather than forsake 
the cause which they adopted with so much 
seeming zeal and loyalty. We are aware 
that we are fighting almost alone : but has 
the justice of a cause ever been estimated by 
the force arrayed on either side ? But what 
is our cause ? The principles of the British 
Constitution! This is a cause in which the 
civilized world is interested. Yet, how sad 
a thing it is, that in Lower Canada, what- 
ever maybe thought or uttered by individu- 
14* 



240 

ais ill private, scarcely a voice is publickly 
r.iised in its favour. Heaven forbid that such 
fi state of things-— that such degratliog and 
tlespicable apathy-— should continue to dis- 
j:;race a British Province any longer, and 
that only one solitary " Jfatchman'^ should 
be found at his post in a time so perilous and 
desperate. What has become of " iS'enc.r," 
of "DeZto," and ''A British Settler?'' Are 
those voices now mute which were wont to 
sound the alarum when the Constitution- 
was in danger ? In the name o( British Lib- 
erty we call upon them once more to stand 
forth, and rally around them the friends of 
the Constitution. Our rights never stood in 
greater jeopardy than they do at this mo- 
ment; and unless we array every British 
heart in their defence, we are undone forever. 

" Thy spirit. Independence, let me share, 
Lord of the lion-heart and eagle-eye. 

Thy steps 1 follow with my bosom bare, 
Nor heed the storm that howls along 
the sky." 

In the meantime let us do our dutj% We 
have undertaken a task and must perform it. 
Bold in the integrity of our intentions, and 
stern in the consciousness of our honesty and 
independence, it is not the unpopularity of 
an individual, or the unfashionableness of a 
doctrine, that shall deter us from defending 
the one or maintaining the other. We say 
this because we detest all kinds of innova- 
tion, tyranny and malicious abuse. A Leg- 
islature can be'tyrannical as well as a King: 



241. 

and we detest one tyranny as much as the 
other. We also detest inconsistency, ava- 
rice, and intrigue ; and if we can shew, in 
the course of these strictures, that it is to 
those detestable propensities and passions, 
we principally owe our present state of po- 
litical degradation, who will blame us for 
making use of that just but severe language 
which renders the moralist the best guardian 
of virtue, and the patriot the best safeguard 
of his Country. Our sentiments as well as 
our language may be thought irksome and 
disagreeable to some men, and even to men 
of standing and authority. Yet we shall 
make no apology. We are too well acquaint- 
ed with our Constitution and with British 
liberty not to know, that we cannot be bet- 
ter em pi oj'ed than in defending our rights 
and privileges as freemen, and in resisting all 
invasions of those rights and privileges, 
whether they emanate from government or 
the legislature. * Unconstitutional measures 
must be withstood as well as those of tyranny 
and despotism, because the first are always 
the precurser oi the second. But to ani- 
madvert on measures in the abstract, without 
tracing them up to their authors, would be 
at once useless and endless. TVe shall not 
therefore attempt it. It is, indeed, impossi- 
ble to do otherwise than deplore the general 
features of the measures of the late Session ; 
but, in pronouncing an opinion upon them» 
we must have recourse to their authors, as 
alone responsible to us and to the country at 
large, 

14** 



242 

I»erorc prococding fartlicr, it will he ue- 
cessary. Tor tho firll un<^)er(iitatuling of the 
sul>iert, to draw a sketch of the state of par- 
ties in this province. 

When the Sovereignty of Canada was 
transferred from his INlost Sacred to hisBri- 
tanuick iMajesty, nothing couhi ho more vo- 
ciferous than the joy of tlie Canadians. It was 
like the emancipation of a CoU>uy of slaves. 
The chains of French despotism once struck 
ot!', i: was thought that no snhmisiou could 
be greater, and no gratitude more deep 
and lasting than those of this people towards 
their new Sovereign and Country. Every- 
voice was raised in lamenting tlie injuries 
which they Iiad so long endured under a mi- 
litary system of government, and in praise 
of the freedom which they breathed, and the 
protection which they felt from the influence 
of the B'ilish Constitution and laws. Such 
sentiments, worthy of a wise and prudent 
people, they were not only content to utter 
among themselves, hut frequently to convej^ 
to tho foot of the throne, as well as to every 
intervening power and authority.* This ox- 
cess of kindness," say they in a petition to 
the king from which an extract is given in 
the note below---*' This excess of kindness* 
towards us we shall never forget. These 



*»» Sire, vostres-soumis et tres-fidelesnouv 
aux sujets de la province do Canada pren- 
tient la liherte de se yrostencr au pied| du 
ihrone, pour y porter les sentiments de res- 
pect, d'ainour, et de souuiission donlleors 



^onerous proot's of tlie clemeuoy ot our be- 
nign conqueror will be carefully preserved 

cceurs sout remplis envers votre auguste per- 
souue. ot pour lui rendre de tresliumbles ac- 
tions de grace de ses soius paternels. 

Notre rccounoissauce nous force d'avoner 
que le spectacle aflVayant d'nvoir eteconquis 
pnr les nrmes victorieuses de votrc IMajeste 
n'a pas lougteras excite nos reg;rcts et nos lar- 
raes. lis so soutdissipes a diesiire que nous 
e'v'ons oppris combien il tst doux de vivre 
sous Ics constitutions sages de I'empire Bri- 
taauique. En eflet, loin de rcscntir au mo- 
ment de la coaquete les tristes eflets de la gene 
et de la capture, le sage et vertueux General 
qui nous a conquis, digue image du Souver- 
ain glorieux qui lui confia le commandeuient 
de ses arnices, nous laissa en possession de 
DOS loix et de noscoutumes. Le libre exer- 
cise de notre religion nous fut conserve, et 
confirme par le traite de paix : et nos auciens 
citoyensfureut ctablis les juges de nos causes 
civiles. Nous 7i' ouhlirons jamais cct cxces de. 
bonte ces traifs genenu.v d'un si doux vainqueur 
seront conserves precieusernent dans nos fastes ; 
et nous les transmettrons d'age e7i age a nos 
derniers neveu.r. Tels sont, Sire, les doux 
liens qui dans le principe nous ont si forte- 
raent attaches a vorte majeste : liens iudis- 
solubles, et qui se reserrerontde plus en plus. 

Petition of the CatlwlicJ^' TnJwhitanfs of Can- 
pda to the King, Decemher. 'iTTS. 



244 

in the anuals of our history ; and we shall 
transmit them from gentration to generation to 
our remotest posterity. These Sire, are the 
pleasing ties by which, in the beginning of 
our subjection to your Majesty's govtrnmenty 
our hearts were so strongly bound to your 
Majesty; lies which can never be dissolved, 
but which time will only strengthen and 
draw closer." Similar to these were the 
sentiments uttered by the same people in Au- 
gust, 1764, to General Murray, the Govern- 
or in Chief: — " At last," say they, "■ouv most 
sanguine wishes are gratified ; we have been 
the faithful witnesses of the prerogatives 
granted to your Excellency by the greatest 
of Kings, in the commission of Governor in 
Chief of the ^ast Proviace of Quebec. Per- 
mit us to vent our joy, which is too great and 
too perfect to be contained. We are already 
certain, that we shall see peace, justice, and 
equity reign in our province : every circum- 
stance assures us of the freedom and security 
of trade. He is no more one of those con- 
querors of the province of Quebec, who 
formerly managed the thunder-bolt of war 
with so much skill in the conquest thereof : 
as mild in peace as dangerous in battle, his 
only occupation is to dispense happiness. 
Such is the pleasing idea we entertain of the 
happy government we are to enjoy under 
your Excellency : an idea founded on the 
unanimous testimony of all the inhabitants 
of the ancient government of Quebec."* 

*ViHe Quebec Gazette, 23d August, 1764. 



:^4j 

Such were the prrrise ./Grfay seuiimeuis 
expressed by the French population of this 
province for some time after the conquest. 
That they felt at that time what they utter- 
ed, we will do them the justice neither to 
doubt or deny. If ever a people experienced 
the advantages ofconquest, it was the Can- 
adians. If ever the people felt the benefits 
of the transition arising from a state of pe- 
nury, thraldom and misgovernraent to a state 
of freedom, industry, and wealth, it was the 
people of this Province. Nothing, therefore, 
could be more natural than their readiness 
to give utterance, on all occasions, to the 
sentiments which were uppermost in their 
hearts ; and nothing more honourable and 
becoming than the assiduity with which they 
cultivated the esteem and protection both of 
the new paternal state and the British popu- 
lation who came to reside amongst them. 
That they looked upon these as superior be- 
ings, carrying along with them the blessings 
and privileges of a free and generous mode 
of government, unparalleled in the history 
of the world, cannot for a moment be doubt- 
ed. As we look forth at the termination of 
winter for the harbingers of spring and ren- 
ovated nature, they beheld them as the real 
messengers of national peace and prosperi- 
ity. They esteemed them as the patrons of 
every thing great and happj^ ; at once the 
active promoters of enterprise, and the fear- 
less defenders of public right and justice. 
They esteemed it a boon of no liiile import- 
ance to be ranked as equal in privileges witii 



240 

sucli a people : to be counted bone of their 
bone nncl flesh of their flesh ; to be joint-heirs 
of tiie inheritance secured to them by the 
British Constitution. Nor did they waive 
their rights nor shun their station. They 
embraced their new fellow-subjects as broth- 
ers, and lived with them as such on the most 
cordial terms of ease, peace, and good will.* 
But favours may be too munificent and 
protection misapplied. The seeming docili- 
ty of the Canadians; the sentiments of joy 
which they universally exhibited at passing 
from adespotick and tyrannical government 
to a free and constitutional one; the grat- 
itude expressed on all occasions at this event ; 

*In a petition proposed to be sent to the 
King in 1773, by both his old and new sub- 
jects in Canada, we find this passage :— 
♦' Your petitioners, though they entertaia 
different opinions upon matters of religion, 
have nevertheless lived in a friendly inter- 
course with each other ever since the con- 
quest of the Country. They are all of them 
untainted with Jacobite principles : they are 
and ever will remain, good and faithful sub- 
jects to your Majesty : they acknowledge no 
title to the Crown, but that of the illustrious 
house of Hanover : they desire to be united 
and connected by the same ties, which will 
preserve both them ind their posterity to the 
latest generations, in a state of perfect obe- 
dience to your most Excellent Majesty, and 
your heirs aod successors to the British Gov- 
ernment." 



U-ieir apj)?ireat simplicity of mauijer* ; and 
their willing suhmissioD to the new laws im- 
posed upon them, iuduced the supreme gov- 
ernment to believe that no indulgence shewn 
to their new subjects, however incompatible 
with the just lights and interests oJ the Brit- 
ish population settling in the province, and 
destructive of the ultimate benefits arising 
from Colonial possessions, could be attend- 
ed by any of those evil consequences which 
have often disturbed the peace, and not sel- 
dom proved destructive, of the integrity of 
extensive empires. The result was, that, 
though the laws of England, both civil and 
criminal, liad been introduced into the pro- 
vince ; though the rule of government and 
mode of exercising it, had been proclaimed 
})y documents emanating immediately from 
the Crown, still the ancient laws, language, 
and prejudices of the Canadians were foster- 
ed in a manner which shewed clearly, that if 
Britain really understood the true interests 
of her colonies, she for once either lacked 
the wisdom of carryingijer views into effect, 
or the courage of enforcing them. Howev- 
er, it must be stated in her justification---if 
indeed, any thing can justify such conduct 
-"that, being then in free and full possession 
of the whole continent of North America 
from the Mississippi to the St. Lawrence, 
throughout which immense region her own 
language was spoken and her laws executed, 
she probably imagined, that but little injury 
could result from permitting the Canadians, 
a small people of no ambition, commerce or 



us 



eoierprise, to eajoy imdlsturbed their owo 
institutions aud usages. This notion, if real- 
ty entertained, might have been supported 
by the fact, that, having the whole Eiig'lisk 
coh)nies before them, few emigrants from 
the mother country would think of settling 
in a newly-acquired province, possessing 
but little sympathy of manners or habits with 
them, and enjoying but few resources for a 
stirring and commercial people. What Brit- 
on would think of settling in Canada, whose 
government and laws were not yet estab- 
lished, whilst such a tract of country as the 
New-England and other British Colonies, in 
the full enjoyment of almost every moral and 
political advantage, lay open to his ambi- 
tion ? In fact, before the American rebel- 
lion, few Englishmen settled in Canada. 
Few men thought of expending capital in 
a country whose laws were not only foreign 
but fluctuating ; and fewer still deemed it 
prudent to cultivate a soil shackled and 
burdened by feudal tenures and taxes. The 
consequence was, that the Canadians began 
to look upon themselves as individualized, if 
we may be permitted to coin a word. They 
never entertained much mutual sensibility 
■with the English Colonists, and the long 
wars in which the two nations were perpet- 
ually engaged, served not only to separate 
them as aliens to each others' sentiments and 
feelings, but to render them natural and ir- 
reconcilable enemies. Thus left to them- 
selves, the Canadians also began to feel their 
own importance. They studied and became 



249 

acquaiuted wlih the rights of Britlsii (Vee- 
meiK Flau Uj';)^ done so, uiibia-^Si-. by native 
prejudice, this province would long before 
now have been the happiest spot on the face 
of the globe. Bur, unforruDately, the insij^- 
nificant aotions attached to the Canadians 
themselves as a people, and the lutio value 
attached at the time to that parr of the coun- 
try wliich they occupied, in consequence both 
of being but little known, and considered of 
s«iall commercial r pol tical importance in 
comparison of the extensive sea coast alrendy 
in our possession, his Majesty's new subjects 
were left almost entirely to the freedom of 
their own will : and permitted to speculate 
on the future in any way most agreeable to 
their interest or ambition. Though the}' 
were well aware that the British government 
were not only desirous of establishing on a 
permanent basis the laws and government 
of Canada, but had adopted active prelim- 
inary measures for that purpose, yet they 
readily perceived symptoms of delay and 
hesitation on the part of the mother country, 
Vv^hich led them to beiiovo tltai both in a mor- 
al and political point of view, they were con- 
sidered of much more importance than they 
were in reality. They watched the signs of 
the times ; and it must bo confessed that 
these proved as favourable to the exclusive 
system to which they already began to as- 
pire as their utmost ambition could possibly 
wish. In consequence of the attempts made 
by the Imperial Parliament to raise a reve- 
nup in the Old Colonks. the publick miiul 



2jO 



ibere becarao disturbed. Men begau to talk 
high of their natural and political rights : awd 
to refuse obedience to laws in which they 
had no voice in framing. The result is well 
known : it is one of the most momentous 
eras in the history of mankind. Neither the 
interests nor the passions of the Canadians 
being immediately concerned in the awful 
struggle which ensued, it was deemed far 
from being impracticable to render them 
willing and powerful instruments in the co- 
crccive measures that had been finally adopt- 
ed by the Mother Country against her native 
but rebellious colonies. The ancient feuds*' 
subsisting between the Canadians and those 
colonies, and their mutual jealousy and ani- 
mosity of one another, were thought grand 
and infallible excitements in the Canadians 
towards the due execution of the intended 
blow. As a collateral incitement, it is a well 
known fact — and a fact which very much 
disgraces the history of the time— that the old 
subjects of his majesty who had resorted to 
the province with capital, and who had by 
that means already given it a commercial as- 
pect which it never enjoyed before, were con- 
sidered as disaffected to the Mother Country, 
and dangerously tainted with the spirit of 
riot and sedition which raged with such fury 
in the neighbouring Colonies. In truth they 
were not only suspected, but watched ^ and 
the ordinary language of a British freeman, 
if coming from them, was construed into the 
jargon of disaffection and rebellion. Such 
.'ioniiments, proceeding frequently from thf^ 



25 1 

highest authoiity in the province, gavt; an 
air of truth and reality to the suspicions en 
tertaiued which they could otherwise never 
obtain ; and iho Canadians, already on the 
alert for an opportunity to justify the confi- 
dence which began to be placed in them, most 
readily chimed in with these unworthy sur- 
mises.* There certainly were not at this 
time many men among the Canadians who 
entertained such rooted prejudices to the laws 
and government of England as to trouble 
themselves much as to their introduction 



*We have heard an anecdote of General 
Murray, which if true, confirms all that we 
have said in relation to the reflections cast 
on the English settlers in the province. The 
General, with the view, no doubt, of putting 
a timely stop to the disaffection which he 
supposed to exist at this period, sent an Ord- 
erly to desire the immediate attendance at 
ihe Castle of all the British merchants in 
iiuebcc. Upon coming up and waiting some 
time iu the ante-room, the General entered 
in great wrath and told them, that he sent for 
them merely to tell them from his own mouth, 

that thoy were all a set of d d villians ; 

and that, if they did not behave themselves 
better, he would ship them off from the Col- 
ony by tho first King's vessel that should be 
ready to sail for England. Tho only way in 
which such proceedings can be justified, is to 
recollect, that General Murray had just suc- 
ceeded to the authority anciently possessed 
by tho FrnTK'h Gov€rnf.>-i\. 



rinaiiy in whole or in part ; and the great 
majority, understanding little and caring still 
less about abstract rij^hts, were willing to 
obey any law or governuunt that might be 
conferred upon them. But there was at that 
time, as there is now, a parti/ nmou^ the Can- 
adians of almost unlimited influence— -of an 
influence w liich had tady to command in or- 
der to be obeyed, and to lead in order to be 
followed. This party, with the acuteuess 
peculiar to faction, clearly and distinctly per- 
ceived their vantage ground ; and left no ef- 
fort untried in order to possess themselves of 
it. They assailed both G'overnors Murraif 
and Carltion with assurances, that if the 
Canadians were reinstated in their ancient 
laws and customs, every exertion should be 
made, if necessary, in cc^'cing the old Colo- 
nies and in putting down their new preteu- 
j^ious. These were favourable omens to the 
military ambition of a General Co»nmandiog 
in. Chief in Canada ; and we may be assured, 
from the result, that he did not fail to turn 
them to account in his correspondence with 
the Ijnperial Government. VVe accordingly 
fmd that tlje measures which had been adopt- 
ed in England for the establishment of a 
pcrmrmcnt government, on the haais of the 
English laws, civil, mercantik, and criminal, 
were from time to time suspended, accord- 
ing to the extent and increase of the refrac- 
toriness of the Colonies, until at last they 
were abandoned and wholly superseded b}- 
one of th*" most- unjusr and tyranical acts 
that ever emanated from the British Parlia- 



no. 



25 



ment. This was the irapolitick " Quehc 
Act,'' 14lh Geo. III., Cap. 83 which, at 
one "fell swoop," annihilated the Laws of 
Eagland, though in full force and operation 
in the province during the preceding ten 
years ; and restored the Canadians, in inte- 
grum, to their ancient laws, customs and. 
prejudices: a state of things as destruc- 
tive of Colonial prosperity, as injurious to 
the interests of the Mother C ountry itself. 
This w;is all that the Canadians wanted or 
wished for. They now beheld themselves a 
distinct people, having no community of in- 
terests or feelings with any other part of the 
continent. Whilst the old Colonies were in 
a state of insurrection against the authority 
of the Mother Country, and inarms in de- 
fence of their supposed rights, they, however 
averse to British rule and dominion, found 
themselves encouraged and protected in eve- 
ry thing that could render them a people alien 
to true J5rilish principles and sentiment. A 
passion for exclusive domination took pos- 
session of their souls, and every nerve was 
strained to perpetuate a system, which, in 
their opinion, surpassed all others in wis- 
dom, energy and stability. They now con- 
gratulated themselves upon being a French 
Nation on British soil ; and eagerly looked 
forward to the period when no bounds should 
exist to their independence as a distinct and 
separate people. But the views of those 
who were instrumental in securing these sup- 
posed advantages to the Canadians, were 
15 



2j4i 

grievously tllsap|>ointed, ond their hopes 
most unmercifully overcast. The liritisli 
Governmeiu, fourul that they had been the 
dupos of dec(Mt, ay well as the silly panders 
of ovorweeniiif;; ainl)ilion. The CanmHans 
tvoidd not fight! They said they had no ob- 
jections to defend their own fire-sides; bnt 
uo inducement could prevail upon them to 
join the country that had just exhibited sucli 
marks of indulf^once lo tliem, in quelling the 
imnatural rebellion raging in tho other prov- 
inces of the continent, and Britain was obliged 
to fight her battles tho best way sho could» 
without any aid from tho Canadians cvai 
when Canada Usdfiras invaded ! it was now 
that (lie genuiTio principles and loyalty of tho 
despised l^joglish Merchants wore properly 
understood. They forsook not their coun- 
try in the day of peril : but manfully and 
successfully resisted tho tide of rebellion 
when tho Canadians cowered at its approach, 
and seemed not unwilling to submit to its 
laws, notwithstanding the indulgence mani- 
feste<l to them. Nothing could bo more 
suitable to tlio boon than such craven and un- 
grateful conduct ; and though Britain bled 
at every pore, she saw with shame and con- 
fusion, that she had been the dupe of an a- 
tloptcd child of foreign l>irtli and extraction, 
upon whom she had lavished every favour, 
while her own legitimate offspring were 
(Stripped of iheir natural rights and cruelly 
jd)nndoned to their fate. JMiis w as a lesson 
in expfvlmenl a I government which ought nev- 
er t0 have been overlooked or forgotten by 



25ii 

iho parent state. HovvoVer, a period of iii- 
tostmo commotion lunl tlic limry and tiirtudt 
of war, "is not tlio linio for rovisinj:, tlio orrorjj 
of^ovormnOMt or of oslahlisliing laws on a 
solid and hisfinji; basis. It Avas not till after 
tlio p«5;i<(i of I7H.'{, tliorcforo, that any attcn- 
ti<ni l)a<l boon p;iid to r.lio Htato of Canada ; 
and it is nnn-u than probfiblo that a lon;!;er po 
I'iod vvonbl liavo elapscid boforo the oxorciso 
oftbi:4 nocoHHary act of govornmont, had not 
the old Colonists, who presorvod ihoir allo- 
gianco and crowdod into ('anada for protec- 
tion, boc(unc clairn)ronH for the ro-OfUnblisli- 
nicut of ihoso bivvs aiul government of whicfi 
llieyfonnd (Jatuida had boon l»crcavod l>y tho 
act of 1775. In tlie potitions addressed to 
tho Kin{^ and Parliatnent in 1781 for tho re- 
peal (►f tho obnoxious (^urhre A>'t anti i.he es- 
tablishment of a fret) r(!pros(5ntativ'i govorn- 
nient, m;iny of tho ('aiiiulians joined •, but 
with wlint views wo know not, cinisidorin';- 
the satiafuclion which they had always ex- 
pressed al tho privileges conferred nj)on tbeni 
by tbfit nnfortmiaro law. If thoy foresaw 
that th(;ir distinction as a poo|)lo wouM be> 
still more c<mlnic<l, and (ho ))ovvcrs of their 
concentrated force Ixiticr ni;iintaitied by a 
free gov(!rumeni, vv(^ will <lo tlujni the justico 
tos«y, tinit tlioy exbibir,e<l political tidenls to 
which their English Ic'llow-subjects were to- 
tally strangers. JJe this as ii may, it is a 
well known fact, thai the gr«5at majority of 
the (/anadiaiis never anticipated any very 
oxiensivo inlluence, even in tho contempla- 
tion of a popular Assembly. They felt, per- 







liaps, theii- gross ignorance of free legislative 
discussion ; and were ready to resign any 
talents that they might have for business to 
those who, by their knowledge of the British 
Constitution, knew best how to direct and 
apply it to the best interests of the colony.* 

The British population of Canada, well 
aware of their natural rights, and the extent 
and importance of the security afforded to 
these rights by the King's Proclamation of 
1763, never ceased to urge their claim to a 
free representative government, notwith- 
standing the cruel disappointment they ex- 
perienced in the " Quebec Act." Evei* 
since that act passed, a committee existed in 
the province, whose business it was to solicit 

*" You will percfeive, Sir, upon the peru- 
sal of this petition that in it the Canadians 
make you join with them in requesting his 
Majesty, that they, as being the greater num- 
ber of his Majesty's subjects in this province, 
and possessed of the greatest share of prop- 
erty in it, may be represented in the Assem- 
bly by a greater number of members than 
his Majesty's British subjects in the prov- 
ince. But this request ought not to alarm 
the British subjects. For, if you will con- 
sider the matter with temper, you will soon 
agre'e with me, that this privilege of the Can- 
adians, of having the greater number of 
members in the assembly, will, in its conse- 
quences, prove to be a thing of form only, 
that cannot be attended with any substantial 
effects. Fori will suppose by way of exam- 



257 

by every legal means its repeal ; and it is to 
the industry and perseverance of this com- 
mittee thac the Province owes its present 
mode of government. But neither did this 
committee nor the petitioners of 1784, ever 
contemplate such a Constitution as that of 
1791, which, while extending to Gamadaa 
free representative system of government, 
divided the country into two distinct Prov- 

ple, that two-third parts of the members that 
compose the assembly were to be Canadians, 
and the other third part Englishmen, it is 
ne ?t to certain that the English third of such 
an assembly, being so greatly superior as 
they are to the Canadians in abilities and 
knowledge, and capacity for public business, 
would in such case easily obtain the suffrages 
of the ot'!ier two third parts of it to whatever 
measures they should propose. You will 
say, perhaps, that this is paying no great 
compliment to my countrymen, the Canadi- 
ans. I confess it. But unfortunately I am 
but too well acquainted with their great want 
of knowledge and capacity to presume to 
speak of them in any other manner. This 
request of theirs, therefore, in the petition I 
have now sent you, ought not to deter the 
English inhabitants of the province from 
signing it. These are the sentiments of iny 
Canadian friends concerning an assembly." 

Letter of F. J. Cugnel, Esq. to Malcom Fra- 
ser, Esq. 1st September, 1773. 

1.5* 



25$ 

iaces ; leaving the French popuiation in full 
possession of their ancient laws, language, 
habits, and manners, to the entire exclusion 
not only of SriYisi^ rights, principles and feel- 
ings, but of all those other means calculated 
to promote a great and flourishing Colony : 
a thmg now rendered doubly desirable on the 
part of the Mother Country in consequence 
of the great national and political loss which 
she sustained in the independence of her na- 
tive Colonies. The real causes of these vio- 
lent and unnatural measures have never been 
discovered ; but their evil effects, as had been 
foreseen,* Have been deeply felt and frequent- 
ly deplored. For ourselves nothing has ever 

*'*The bill now^ under the deliberations of 
tills honourable House proposes, in the second 
and subsequent enacted clauses, to separate 
or divide the Province into two governments, 
or otherwise to erect two distinct Provinces 
in that country, independent of each other. 
I cannot conceive what reasons have indu- 
ced the proposition of this violent measure, 
I have not heard that it has been the object 
of general wish of the loyalists who are set- 
tled in the upper parts of this Province ; and 
I can assure this honourable House,thatithas 
not been desired by the inhabitants of the 
lower parts of the country. I am confident 
this honourable House will perceive the dan- 
ger of adopting a plan which may have the 
most fatal consequences, while the apparent 
advantages which it offers to view are few, 
and of no great moment. 



259 



puzzled us more than this solecism ia legisla- 
tion and government. Pitt, the minister of 

" Sir, the loyalists who have settled in the 
upper parts of the Province have had reason 
to complain of the present system of civil 
government as well as the subscribers to the 
petitions now on the table of this honourable 
House. They have been fellow sufferers 
with us, and have felt all that anxiety for the 
preservation of their property, which the 
operation of unknown laws must ever occa- 
sion ; a situation of all others the most dis- 
greeable and distrHssing,and which may have 
engaged some of these people, who could not 
perceive any other way to get out of such 
misery, to countenance tbo plans ofafewt 
individuals, ivho vveie more intent to support 
their own scheme than to promote the true 
interest of govei-nment, in the general tran- 
quillity and prosperity of that extensive coun- 
try. 

***** 5:5 

" Sir, in the petitions now on the table 
from my constituents, inhabitants of the Pro- 
vince of Quebec, this honourable House will 
observe they have complained that the Prov- 
ince has been already greatly mutilated ; and 
that its resources would be greatly reduced by 
the operation of the treaty of peace of 1783. 
But, Sir, they could not have the most dis- 
tant idea of this new division. They could 
not conceive that while they complained of 
the extent of their country being already so 



260 ' 

the time, was a great man ; but this is one 
of the prices which nations frequently pay 

much reduced, as materially to prejudice 
their interests and concerns, it would be still 
farther reduced and abridged. If at the time 
ihey penned their petitions they could have 
supposed or foreseen this proposed division, 
it would have furnished them with much 
stronger reasons of complaint, that their in- 
terests would thereby be injured. Sir, I am 
sure this honourable House will agree, that a 
Province ought not to be divided into sepa- 
rate and independent governments, but on 
the most urgent occasions, and after having 
seriously and carefully weighed all the con- 
sequences which such a separation is likely 
to produce : For if from experience the di- 
vision shall be found dangerous to the securi- 
ty of government, or to the general interests 
of the people, it cannot again be re-united. 
The strong principle of nationality or nation- 
al prejudice, which at present connects the 
people of that province to one another, as 
being members of one state, who though 
scattered over an immense country, yet all 
look up to one centre of government for pro- 
tection and relief, is of the utmost conse- 
quence to the security of government, in a 
country where the inhabitants are so much 
dispersed. It is that political connection 
Avhich forms such a prominent feature in the 
character of all nations : by which we feel at 
first sight a degree of friendship and attach- 
ment which inclines us to associate with, and 



261 

ior a long servitude of unparalleled genius 
and talent. Lord Granville, who framed 



to serve a subject of the s^rne kingdom, 
which makes us look on a person from the 
same country or province as an acquaintance, 
and one from the same town as a relation ; 
and it is a fact which the history of all coun- 
tries has established beyond the possibility of 
a doubt, that people are now united in the 
habits of friendship and social intercourse, 
and are more ready to afford mutual assis- 
tance and support, from being connected by 
a common centre of government, than by 
any other tie. In small states this principle 
is very strong : but even in extensive empires 
it retains a great deal of its force ; for, be- 
sides the natural prejudice which inclines us 
to favour the people from our own country, 
those who live at the extremities of an ex- 
tensive kingdom, or province, are compelled 
to keep up a connection or correspondence 
with those who live near the centre or seat 
of government, as they will necessarily at 
times have occasion to apply for favours, 
justice, or right ; and they will find it conve- 
nient to request the Assistance and support of 
those whose situation enables them to afford 
it. 

" I might here compare the different situ- 
ation of Scotland, now united to England, 
and governed by the same legislature, with 
some other of the dependencies of the British 
empire ; but I consider it to be unnecessary, 
15*** - 



262 

our present constitution, is a living witness 
both of its glaring errors and dismal conse- 
quences. The only atonement which his 
Lordship can now make to the country, is, 
to declare the reasons and motives which ex- 
isted at the time for concentrating and per- 
petuating French jirejudices and exclusive 
domination ; And we call upon his Lord- 
ship TO do so. He owes it to his publick 
character, and to the reputation which he is 
desirous of leaving behind him. 

The Constitutional Act had scarcely gone 
into operation, when the evils which it has 
entailed on the country, became manifest. 
Even the first act of the popular branch of 
the legislature, that of choice of Speaker, 
was made subservient to the all-engrossing 
spirit of that body. A Frenchman, who 
scarcely understood a word of the language 
of his sovereign, was called to the chair ; 
and who, on his first official appearance in 
the presence of the representative of that 
sovereign declared, *' that he could only ex- 
press himself in the primitive language of his 
Qiative countryy^ The House of Assembly 



as the object must'be present^to the recollec- 
tion of every member of this honourable 
House." 

Mr. Lymhurnef s Speech at the Bar of the 
House of Commons, 23d March, 1791. 

*Vide that most valuable and learned 
work, " Political Annals of Lower Canada, 



U)S 



consisted of thirty-five French Caoadiaiis, 
and fifteen Englishmen. The former, in- 
deed, composed the majority, but the latter 
were the men of business ; and, during the 
first and second sessions, the prognostica- 
tions of Mr. Cugnet in his letter to Mr. Fra- 
ser, with respect to the inferior capacity of 
his countrymen, may be said to have been 
realized. But where ignorance and preju- 
dice reign not only uncontrolled, but are 
fostered by the supreme authority of a state , 
and when the physical power is altogether 
on the side of such degrading characteris- 
ticks, what authority can check— what force 
resist their evil effects and consequences ? 
It is not surprising therefore to find, that, in 
the course of a few sessions, the aptness for 
business, and superior constitutional knowl- 
edge of the English members of the Assem- 
bly, gradually gave way before an overwhelm- 
ing majority of voices, backed and led by the 
worst principles that can possibly actuate the 
human heart— self-sufficiency, ambition, and 
national prejudice. These passions, spring- 
ing up, living, and flourishing among the 
constituents of this majority, nothing could 
DOW eradicate or control ; and every suc- 
ceeding event ministered to their increase 
and aggrandizement. Nothing contributed 

by a British Settler :'''' a work that ought to 
be in tho hands of every man who has any 
regard for the prosperity of this part of his 
Majesty's dominions. 



2Q4 

?^iore to this state of things thao the exercise 
of his Majesty's prerogative, however neces- 
sary and constitutional, in calling up from 
time to time the English members of the As- 
sembly to seats in the Legislative Council. 
Of the twenty five members at present com- 
posing this second and important branch of 
the legislature, at least twelve have been with- 
drawn from the Assembly in this way. Their 
superior information, experience, and ca- 
pacity for business, have indeed, rendered 
their presence in the Council absolutely ne- 
cessary, because, without prejudice to the 
claims of the native Canadian gentry, there 
was no other source in the province from 
which stations so high and important could 
be supplied. But the injury sustained by the 
real interests ^nd hapf^hiess of the province, 
has, beyond cM compansoa, Iroen great -tad 
serious. The Assembly, ihus left to them- 
selves, and to the dictates of an exclusive sys- 
tem of nscendency over British laws and con- 
stitutional principles, set no bounds to their 
errors, ignorance, Avickedness^ aofibitiou and 
presumption. What power and authority 
have they not from to time arrogated to 
themselves ? Not content with a voice ia 
ihe general legislature of the province, they 
claim the right of ruling and directing every 
other branch, to neither of whom will they 
allow the common dictates of honour and hu- 
manity ; and endeavour by every possible 
means, to infuse their own popular and re- 
publican notions into every department of 
government. They have declared acts of 



2G5 



the imperial parliament, under which ihey 
themselves *' live, and move, and have their 
being," as annulled and of non-effect. They 
have denied the prerogative of the Crown in 
almost every instance recognized by the con- 
stitution ; and have assumed to themselves 
the right of appointing and paying, accord- 
ing to caprice and pleasure, every officer 
under the Crown. They have in effect de- 
clared war against the sister province ; and 
not only denied her rights, but deprived her 
of them, until checked by the intervention of 
the mother country. They have declared 
native born subjects of Great Britain *^ Stran- 
gers and Foreigners /"* 

Need wo say raor« to characterize in their 
true light the spirit and priociples of this 
abominable party— of this accursed and 
monstrous faction, whose deeds have ever 
been the disgrace of this otherwise happy 
province, and whose late attetopts to rule 
and ruin the country r.iake them absolutely 
to stink in our nostrils ! May heaven, in its 
mercy, preserve this province from the tyran- 
ny of this lawless faction ! They have of 
late, too, experienced more support and 
countenance from the other branches of the., 
legislature than ive ever expected to have 
witnessed, notwithstanding the dismal view 
in which wc have been accustomed to be- 



*Fi(Ze Debates of last Session generally ; 
but especially the raaiicious and mouthing 
declamations of Messieurs Papiueau, Val- 
lieres and Vigor. 



'z66 

lioid the affairs of the country ; and unless 
the king's government noto enforce the exist- 
ing constitutional laws, with the full intent and 
purpose not only of stopping the career of 
this atrocious faction, and of rescuing his 
Blajesty's British-born subjects from their 
despotick sway, but of establishing a more 
direct and pressing British infiuence over the 
hearts and actions of the majority of the peo- 
ple of this province, we shall be utterly un- 
done. It were far better, in obedience to the 
advice of Admiral Coffin, to tie a millstone 
round our necks and throw us into the bot- 
tom of the Ocean ! It were far better to sell' 
us to the Yankees, who would treat us more 
like men and Englishmen, than those wretch- 
ed and degenerate sons of France to whom 
we are no.v enslaved. At all events, it were 
far better in the imperial government and 
parliament at once plainly and candidly to 
inform us what are their real intentions with 
respect to this province, if they have any in- 
tentions, than longer to permit us to worry 
and cut each others' throats, with as little 
hopes of a permanent settlement of our dis- 
putes as the Guelphs and Gibbilines had at 
the commencement of their wars. This is a 
piece of information with which, we humbly 
maintain, the mother. country is bound to 
furnish us, and that without delay. Allegi- 
ance and protection are the bond w^hich con- 
nect us together ; but the national obliga- 
tion which does not specify internal as well 
as external protection, may not indeed be 
void and null, but it is surely deficient and 



267 

nugatory. We therefore claim the informa- 
tion as a matter of right due to us by a kind, 
indulgent, r ad munificent parent : a parent 
of whom we are justly proud, and a parent 
whom we know will not abandon us in the 
day of trial. Let her conduct be parental, 
and she may rest assured, that ourg^ will be 
filial. When the people of England are ad- 
vise(' to come to Canada, they are not told 
that !jn their arrival, they are to be subject- 
ed to French laws, and enslaved by a French 
faction who loath<i the very sight of a Brit- 
on. It i tberef /le hat common justice to 
the sons of England on both sides of the At- 
lantick, to tell them, what is to become of 
Cai^ida?— Whether this system of tyranny 
is to be continued, and eugrafted on the rights 
of British freemen, or wiiether it is to be 
checked and abolished in such a manner as 
to secure the liberty and independence, as 
well as the spirit and enterprize, of those 
alone who are capable of reiidering it a col- 
ony of worth and consequence— of value and 
importance to the mother country ? 

That there is any power, party, or influ- 
ence in this province possessing sufficient 
strength to resist and finally annihilate the 
torrent of popular and republican usurpation 
which threatens to overwhelm us, is a no- 
tion fraught with absurdity and madness.' 
In a House of Assembly consisting of fifty 
members, there are only three who may be 
depended upon as the stern, undeviating 
supporters of British principles and consti- 
tutional legislation ; and these three are Eng- 
lishmen in birth or origin ! To such a pass 



263 

have the imperial statutes of 1775, and 1791 
driven this province ! Had a more wise and 
onhghtened Hue of conduct been persued, 
we should long ere now have been a British 
Colony in reality as well as in name. No 
British emigrant of capital, prudence, or in- 
dustry will ever settle in Lower Canada, 
while the laws continue to be French^ and 
the popular branch of the legislature republi- 
can, in spite of the drivelling nonsense of the 
emigration committee of the Assembly " to 
the contrary notwithstanding." With the 
exception therefore of i\\Q fifty thousand in- 
habitants of British origin in the Tow^nships; 
ii>ho are not represented at all, and the British 
population settled i« the towns and cities of 
the province, amounting to about eighty 
iJiousand souls, the French population are in 
entire and uncontrolled possession of wni- 
versal suffrage. They send whom 7iot they^ 
but their leaders, please to the Assembly ; 
and it is no wonder if those who elect them- 
selves in defiance of their constituents, who 
have no other choice except among the de- 
spised and heretical English, should also en- 
deavour to usurp, as they have frequently 
done, the whole functions of government. 
Nothing therefore, as we have said, can be 
more absurd and insane than to suppose, 
with those vulgar and parily-politiciaos, the 
Humes and Labaucheres, that Canada can set 
itself to rights, and work out its own salva- 
tion. The contest going on here is not a 
contest of men hni q( prindpleSi otherwise we 
could soon and easilv settle the matter. Thi^ 



^2G9 

being the ease, we have, drawn upon the 
Mother (^Jq^untry for an ackoowleclgment 
aad declaration of our rights, and patiently 
await her award. We have done all that 
we could constitutionally. We trust we shall 
never be driven to the necessity of doing 
more, in justification of our rights and privi- 
leges as Britons. 

We will now leave these matters, and, 
without paying much attention to order or 
method, glance at a few of the most impor- 
tant questions which came before the Pro- 
vincial Parliament during the late momen- 
tous session. 

The first question we shall allude to, is 
that which was raised in the Assembly with 
respect to the conduct of Mr. Griffin, as Re- 
turning Officer of the V/est Ward oi Montreal 
at the last general election. It is not, how- 
ever, the intrinsick importance of this ques- 
tion itself, nor its constitutional bearings that 
induce us to notice it, but the glaring light in 
which it exhibits the inconsistency, the par- 
ty-spirit, the fury, and partiality of the " lead- 
ers''^ of the House of Assembly,— for to de- 
ny that the house is Led, and that in away 
the most disgraceful and degrading to hu- 
man beings having the smallest particle of 
braiias in their sculls, would be as absurd as 
to deny the light of heaven at noon-day. 
Here is a petition from certain individuals 
residing in Montreal— whether respectable 
ov not, is nothing either to us or to the sub- 
ject-— complaining of illegal and unwarrant- 
able conduct on the j)art of the Returning 



2ro^ 

Officer of the West Ward of Montreal, where- 
of the uuparallolod Mr. Paplneau is one of 
the representatives, whilst the jG/ecrio?i itself 
is heUi forth as pure, inunaculate and incon- 
trovertible ! This was a question which 
corresponded exactly in character with the 
general tenor of the jroceedings of the As- 
sembly, and they acc<;rdingly embraced it as 
such. The petition v as relVned to a Com- 
mittee ; the Committee reported by Resolu- 
tions to the House ; and the House concur- 
red in the Resolutions.* These Resolu- 
tions, which ought to be held in everlasting 
reniembrauce, not only accuse Mr. Grillin oT 
Not having taken the oath Required by law, 
but declare him Unqualified as Returning of- 
ficer of the west ward of Montreal. Yet 
" the Returfimade by him of the two raem- 



*Resolved — That Henry Griffin, Esq. Re- 
turning Officer for the West Ward of the 
Town and City of Montreal, has not taken 
the oath required by the fornnda of the Law 
of the 5th year of His 3Iajesty's Reign, Chap- 
ter thirty-three. 

*' Resolved — That, notwithstanding the 
oath taken at the late Election by Henry 
Griffin, Esq. the Returning Officer for the 
Westward of the Town and city of Montre- 
al, was not in the form prescribed by Law, 
the return made by him of the two Members 
elected to represent the said West Ward is 
nevertheless good and valid, the Electors 
having enjoyed full and entire libertyof suf- 
frage." 



271 

bers elected to represent the said west ward 
is Nevertheless declared "good and valid!'- 
This will not be believed in England nor hi 
any other Country of ilio least pretensions to 
national honour, justice, or equity. But still 
it is a fact, and a fact which makes us abso- 
lutely to shudder at the prospect which it 
opens to our eyes of the deplorable condition 
of this province. Had Messieurs McGill 
and Delisle been returned instead of Messrs. 
Papineau and Nelson, we ask if such would 
be the result of the deliberations of the As- 
sembly on this petition against the Return- 
ing Officer ? No, no. The House could not 
stand without Mr. Papineau, and every prin- 
ciple of law and justice must consequently be 
sacrificed in order to secure a seat for him. 
Under similav crcumst-inces the election of 
any other individual uninitiated in the plans 
and views of the Faction^ would have been 
declared nuil and void, his seat vacated, and 
the unfortunate Eeturning Officer voted in- 
capable of serving in the like capacity for 
ever. But in the present case, as stated by 
Mr. Solicitor General, the object was to con- 
demn the Returning Officer and to approve 
of the representative. Surely no principle 
of right and justice can be more plain and 
clear, than that he who invests himself with 
any official character without due authority 
and legal qualification, renders every act 
performed by virtue of such false authority, 
ub initio, null and void. Nothing therefore 
seems to us more strange and unseemly, thau 
to sav, as was ^;aid and done ia this case, that 
16 



2/i 

die conduct of the man was wrong aiid ita 
consequences right ! We have no notion, 
thank God, of such decisions. They are not 
sufficiently even-handed for us. They carry 
neither decency nor decorum in their aspect: 
neither justice nor stability in their effects. 
They arc vicious in practice and monstrous 
in precedent. But as in every other case 
"ivhere plausihility rather than strength of ar- 
gument is necessary to ensure success, a rea- 
son was assigned for these anomalous pro- 
ceedings, and it was this :— that *^any Govern 
or wishing to eject a particular member had 
only to appoint an unqualified Returning Offi- 
cerf and his purpose ivas effected.^^* We shall 
say nothing of the indecent insolence of this 
reasoning, which supposes the Governor of 
this province to be at all times inimical to the 
'views of the Assembly, and opposed to their 
nghts. It shews the real sentiments of the 
^\ Leaders,^' and is a convincing proof, that 
they are altogether strangers to that princi- 
.ple of the constitution which has only the 
fuhlic g'oo J for its object ; mistaking, in their 
gross ignorance, individual interests and 
party-prejudices for the first and noblest of 
virtues. As to the reasoning itself, it is be- 
neath contempt. Is it not the object of the 
law to secure the rights and privileges of all 
parties, when it says, that no man can legally 
act as Returning Officer but on the conditions 
and untler the qualifications therein specifi- 



* Vide Debate on this question. 30th Pe 
oomber, 1838. 



273 

ed ? Are these conditions the mere dicta of 
the Govei'Dor, and can the governor appoint 
" an unqualified Returniug Officer ?" This 
doctrine supposes the mere act of appoint- 
ment a sufficient qualification. But it is not 
so. After the appointment, the law steps 
in, and says, " Sir, you cannot proceed to 
the execution of your office unless you per- 
form such and such conditions : you must 
qualify yourself, for unless you do so, all the 
acts performed under your commission be- 
come null and void." No man can accept 
or perform the duties of an office which he is 
naturally aud legally incapable of perform" 
ing. Has an alien any suffi-age under our 
constitution? Can an elector vote with- 
out the necessary qualification ? Can a judge 
ascend the bench without the usual oaths of 
office ? Nay, can Mr. Papineau become 
speaker without the appropriation of hii 
Majesty's representative ? If then, as stated 
iu the Resolutions, Mr. Griffin was not duly 
qualified for acting as Returning Officer of 
the west ward of Montreal, by what authori- 
ty have his deeds been rendered good and 
legal ? Not, surely, by a vote of the House 
of Assembly. It is the Assembly, therefore, 
and not the governor, that act an illegatpart 
iu the present instance; for how, or by what 
right, a member can lawfully sit amongst 
them who had been sent there illegally and 
without due authority, is to us incomprehen- 
sible. But the truth is, thai both the elec- 
tion and the Returning Officer were perfect- 
ly legal and constitutional ; and nothing d©- 



274 . 

grades the Assembly more in the eyes of the 
country, than the false and insidious distinc- 
tion which they have drawn in this case, and 
the unmanly and malignant attack which 
had thus been made on the character of a 
highly honourable and respectable individu- 
al, who, it is well known, discharged his duty 
Jis Returning Officer in the most fair, candid, 
liberal, and impartial manner. It is to his 
political sentiments, and not to his miscon- 
duct as Returning Officer, that Mr. Griffin 
owes the cowardly treatment which his char- 
acter and feelings experienced in the House 
of Assembly. Had he been a partizan of 
the " Leaders" he would have been treated 
very differently ; and his conduct, instead of 
being condemned and separated from its ef- 
fects, would have been lauded to the skies. 
But the mind of Mr. Griffin is too honoura- 
ble, and his principles too truly loyal and 
British to render him the tool of any party ; 
far less of an atrocious and loathsome faction 
that pollutes as well as destroys the best in- 
terests of the country. Hois too much of a 
man to be led, and too much of a gentleman 
to be corrupted. We cannot drop this sub- 
ject without noticing the indecent manner in 
which Mr. Z^apmerm obtruded his sentiments 
on the House during the discussion of this 
<luestion. One would think that a sense of 
delicacy would alone have prevented him 
from speaking when his own name and con- 
dition were the subject. But this man has 
long been lost to all sense of shame in his pub- 
lick conduct. Having fortified his mind in in- 



275 

science, he thinks that all things become him. 
His over^vceniug opinion of his oratorical 
powers, induces hiin to take the lead in every 
question, and the gaping admiration of his 
satellites, swells hira beyond endurance with 
pride and arrogance. As speaker it is highly 
unbecoming in hira to be a party-man; far less 
the leader of a faction in the legislature. Who 
can expect dignity in the proceedings, or im- 
partiality in the decisions of the House whilst 
such a man sits in the chair! What man, 
opposed to him either in sentiments or poli- 
ticks, would trust his life or reputation to his 
casting vote. For our own part, we should 
sooner submit to a tribunal of the most bar- 
barous race of Esquimaux, with the most sa- 
vage Cannibal at their head, than to Mr. 
Papineau surrounded by his blind and sub- 
servient gang. We would, once for all, 
strongly urge upon him the propriety of squar- 
ing his conduct and opinions as Speaker with 
those of his prototype in the House of Com- 
mons. He will there find dignity of Manners/' 
propriety of conduct, impartiality of decision, 
and avoidance of party-spirit so combined 
as to produce the happiest effects on the 
proceedings of the House, and benefits the 
most lasting on the higher interests of the 
empire. f 

Of the same stamp and character with the 

*This is a pun which we hope its truth 
alone will warrant on such an occasion as this. 
f We will here read a lesson to Mr. Papin- 
eau, from that learned man and consistent 
16* 



275 

foregoiDg decision of the Assembly, was the 
vote for printiag four hundred copies of 
" The Imperishable Monument.''* Some of 
our readers will, no doubt,be curious to learn, 
ivhajt this *' Imperishable MonumenV means? 

Speaker, Sir Fletcher Norton, who so 
long and so ably filled the chair of the House 
of Commons. On the 13th of March 1780, 
the whole House being in a Committee on 
Mr. Burke's famous Economical bill, and a 
great difference of opinion having arisen 
with respect to the right of the Commons to 
resume or control any pan of the civil list, 
Mr. Fox called so loudly and repeatedly for' 
the opinion of the Speaker, that his secretary 
rushed through the side gallery, and called 
him from his Chamber to the Committee. 
It is not our intention in this place to give 
any acconut of the sentiments expressed by 
the Speaker, on the merits of the question be- 
fore the house. We shall confine this note 
to what he conceived to be his duty in regard 
to speaking to questions in general ; and wc 
hope Mr. Papineau, and all other Speakers 
will confine themselves to the judicious and 
excellent axioms there laid down. Sir Fletch- 
er JVorton, said, " since he had the honour of 
presiding in that chair, (pointing to it) he 
had on every occasion avoided as much as 
possible, giving any opinion respecting mat- 
ters which came before the house. His duty 
and inclination led him to adopt that mode 
of conduct. His duty, lest from the respec- 
table and honourable station he filled, his 



Pear fi-ieuds ? the " Imperishable Monumenf 
means the Report of a Select Committee of 
the House of Commons appointed to inquire 
into the state of the civil government of Cana- 

mixing in debate, without arrogjJtiog any 
thing to himself, might be supposed to create 
an iMPRorER lisFiiUENCE, in some of his 
hearers ; and his inclination forbad him, 
because he knew from experience that what- 
ever he might support as an individual mem- 
ber, might be apt to bias his judgment in his 
other character, :hat of SpenJcer, when he came 
to preside in the House. It was true that the 
mode and order of proceeding, did not pre- 
clude him from Speaking in b. Committee. 
The House was now in one, consequently 
within the most rigid rules of order, he was 
as much at liberty to deliver his sentiments 
as any other member, and he was ready to 
acknowledge that he had more than once, 
soon after he was called to his present hon- 
ourable station, exercised that right. .But 
he could not say for what reason, but so it 
happened, that he found whenever he had 
exercised it, that his conduct was liable to 
misinterpretation, and that wharevei* he of- 
fered as arising from his own feelings and 
judgment, was deemed rather as taking. a 

step OUT OF THE PROPER DUTIES OF HIS OF- 
FICE, which ivere said to be a strict observance, 
of whatever might tend to impress on the House 
the most strict impartiality and indifference. He 
was not prepared to say, but this he was 
ready to acknowledge, that he had experi- 
16** 



da ; fiud has been thus denominated by a 
member of the House of Assembly, the fumes 
of whose enthusiasm got the mastery over 
hisjiulgment ou the occasion. It was well 
obseived during the conversation which took 
place on this subject, that nothing could be 
more ridiculous tiian printing /oi^r hundred 
copies of this Report, even if at ail necessary, 
^vh'i\st ffty were quite sufficient to enlighten 
all t!'e members of the House: thereby sub- 
jecting the country to an expense of a thou- 
sand pounds, which would have been much 
better employed in relieving the poor during 
a season of unusual hardship and severity. 
But no mendicity is so clamorous and unsa- 
tiable as ungratilied party-zsal. It was in 
vain, therefore, that the individual who op- 
posed the manufacture of the four hundred 
copies of the " Monwme?z/" resisted ilie pre- 
posterous claim. The members themselves 
must be edified ; the Demagogues without 



euced in himself a propensity to wish success 
to that side of the question which he had 
supported in the Committee, as soon as the 
House was resumed. He felt his mind 
warped, and a certain bias hanging on it 
and bearing it down, consequently, though 
he might not be converted to the opinions of 
those who wished him to besileutupog. every 
occasion, he ivas salisjied that the seldomer he 
mixed in debate, the more likely he loould be to 
avoid giving offence to either side of the house. ''^ 
Parliamentary Register, Vol. 17. fp. 319,32.0 
and 321. 



must be instructed and gratified with the pe- 
rusalofa document which reflected so much 
honour ofthe Triumvirate Delegates, and con- 
fusion on the late administration. As to the 
"people, God help them, there were not four 
hundred of them, as stated by Mr. Ogden, 
who could read ! This was a terrible cut ; 
it was absolutely a gash ; and joined to that 
of Mr. Huskissou, who discovered that out of 
87,000 there were only 9,000 individuals who 
could write their own names, was a tickler 
which could only be overcome by shame, 
confusion and blushing. Alas ! the School- 
master and Primer of Mr. Brougham, have 
not travelled thus far. The people are now 
as ignorant and unlettered as they were in 
the reign of Louis the XIV., who had always 
a greater regard for soldiers than scholars ; 
and a higher respect for steel and gun pow- 
der than for the " Schoolmaster and Primer.''' 
This, to be sure, was not denied in the As- 
sembly : ignorance— gross and total igno- 
rance was admitted to reign triumphantly 
over the minds of the people. Even Mr. 
Neilson, the great apostle of education, re- 
form, radicalism and republicanism, admits 
this fact; and he had good right to do so, 
knowing whatithas cost him to educate his 
sons in Scotland, the land of their fathers. Yet 
the Assembly — magnanimous, generous souls, 
are not to blame — not they, heaven-born 
patriots ! With the dignity which becomes 
their rank and station, they throw the blame 
from themselves, and fix it on the shoulders 
of the King — God bless him — because he ^Yill 



"280 

uot surrender at discretion the estates of the 
Jesuits, whicli lie inherits by right of Con- 
quest ; and of the English clergy, because 
they patronize the Bible and the English 
langitai^'e ! ]5ut all this is desperate drivel- 
ling. VVc shall not in this place speak of the 
measures adopted during the session for the 
purpose of establishing a better system of 
education in the country. But what can 
possibly be more absurd and ignorant, than 
to suppose that the Legislature must do every 
thing with respect to education — and that no 
people can bo educated without the inter- 
vention of the Legislature ? Monstrous ! The' 
best educated people in the world — that is, 
the brave and honest people of Scotland — 
never trouble their heads about the Legisla- 
ture. They are determined that their sous 
and daughters shall be educated, and they 
«re educated accordingly. To be sure they 
have the parish schools; but what are these 
in the wilds of the Highlands and in populous 
towns and cities ? Absolutely nothing. Yet 
the people are educated. " The Schoolmas- 
ter and his Primer''^ are to be seen in every 
family, glen, and hamlet. There, every child 
sucks in education like his mother's milk ; 
and no man bothers his head about what the 
Legislature can do for him. If Scotland 
were to remain stock-still until it had pleased 
the Legislature to adopt a system of educa- 
tion which would yield universal satisfaction 
throughout the country, she w^ould at this day 
be as ignorant as Canada, and her fame for 
morality and virtue— the real fruits of edit- 



281 

t'atIon---wou!(.l hfvvc boon unknown and uu- 
sud;.-- Let bci- cxj-.mple Ijo foJlowc! in Cau- 
ada, arid v/e shall soon find, that ihe share 
v,!iicb iho legislutare will have in arranging 
or (xomoting our education must be truly in- 
Bignificant. No man can make tin? untbirsty 
ox drink ; no legi-^laturo can drag to school 
urchins whose par-ruts are uijacquainlcd with 
tiic value of the institution. JJut the time 
%vill soon come wijen the people of tins prov- 
ince will be governed by another and a bet- 
ter spirit. The tirfiC i.i at hand when the 
people will take the matter into their own 
hands; and in spite, of the drivelling of the 
AsoCi.'bly, oa this aci other topicks, secure 
such an educa ion to their children as will 
render them virtuous men, and good citi- 
zens. This, and not the Report of the Can- 
ada Committee, wi'i' then be the '■'- Imftrish- 
uble Monumtni ;" and it is such a monument 
as this that ought to excite the solicitude and 
urge the zeal of the Assembly, and not the 
trash in the report, which ministers so large- 
ly to their prejudices and party spirit. But 
let us say a few words of the " Monument.'^ 

No doubt but the architects of this wonder- 
ful edifice entertain very sublime notions of 
their own skill and dexterity, and irnagrne 
that they have reared a superstructure as du- 
rable as the British Constitution. They think, 
thai, like the artificers of the plain of Shioar, 
they have built a tower whose top will reach 
unto heaven, and have made a name to them 
selves, lest they be scattered abroad upon the 
face of tho- whole earth. But we venture to 



2S2 

fell them that their object uot boiug the pub' 
He woal nor national honour, but party spirit 
and faction, their work will not stand; and 
that, like their patriarchiai prototypes, they 
will ultimately be scattered abroad on the 
face of all the earth. Besides, they were di- 
vided among themselves ; and a house divid- 
ed against itself cannot stand. Let us speak 
more plainly. The views of Mr. Huskisson, 
in soliciting a Committee to inquire into the 
present state of Canada, whatever maybe 
said of the general political principles by 
which he has been actu.')ted, were truly pa- 
triotick, and in accordance with his duty and 
responsibility as Colonial Minister. The 
speech in which he introduced his motion is 
a master-piece of talent, knowledge and dis- 
cernment. In it he displays more reil and 
intimate acquaintance Avith the conditioii of 
this province in particular, and true Colonial 
policy in general, than many who have stu- 
died the subject for years. It does his head 
and his heart infinite honour; and is a con- 
vincing proof to us, that he is a man of grasp 
and power, whatever the DuJceoflFtUingtosi 
may think of him. That we ourselves have 
always thought wiell of him, we cannot — we 
dare not say. But, so far as respects his 
conduct towards this country, we not only 
respect and admire him, but will stand by him 
and defend him to the last. He sees as well 
as we do, that the present system of civil go- 
vernment in this country is vicious and un- 
suitable. He perceives Vv'ith the ey© of a 
statesman that it was so from the beginning- 



;o^ 



iie perceives that Prenc/i law, French usages, 
and the French language are not the things 
that will promote the prosperity, peace or wel- 
fare of a jBa7i5^ Colony, having the British 
Constitution for their rule of government. He 
knows that nothing can be more incongruous 
as well as dangerous, than to entail on this 
province a mixture of French feudal, and 
English jury, laws. He knows such a sys- 
tem to be fraught with the germs of future 
dissension and national disaster ; and has 
therefore wisely solicited its destruction. He 
knows the rights of the English population of 
Canada: he knows that they have been un- 
justly deprived of these rights, and he wished 
to restore them. He knows that no British 
Colony can jflourish where British language, 
laws, and enterprize are not fostered ; and 
that no people can be contented, loyal, hap- 
py or industrious, who have no uniformity of 
laws, language and manners. He knows 
that though a people may have one Sove- 
reign, they cannot be true or loyal but with 
one interest — domestick peace and external 
protection. He knows, that " there is no pos- 
sibility of suing or being sued, except in the 
French Courts, and according to the French 
Form and Practice — no mode of transacting 
Commercial business except under French cus- 
toms, now obselete in France :" that " in Low- 
er Canada they go upon the law and system 
of Feudal tenure ; and the law is more inca- 
pable ofever being improved or modified by 
the progress of information and knowledge, 
than if it still remained the svstem of France 



284 

van] the model of lier dcpciuleucies. Here, in 
The midst of a wilderucss, flourishes liie French 
feudal system, and the custom of Paris of 
centuries ago. The result is, that Eng-tish- 
men in Canada are much like Aliens and Set- 
tlers in a Foreig?i laud as an equal numherof 
British subjects who should have sat down in 
the centre of France in the thirteenth centu- 
ry. It is not therefore to be wondered at 
that our Countrymen have had to encounter 
considerable difficulty in Lower Canada, and 
thatbut a slow progress has been made tow- 
ards the settlement of that province."* Mr. 
Hiiskisson knows all this, for these are his - 
own words, and he justly and prudently- 
sought to annihilate a system so injurious and 
disreputable to the empire at large. He also 
knows, " that the system wished to be estab- 
lished by the Canadian Legislature is not com- 
patible with the independence and dignity 
either of the king's representative or the cri- 
minal judges." He knows '' it is still tho 
duty and interest of this Country to imbue 
Canada with English Feelings, and Bcmjit 

it ivith English Laws and Institutions. 

(Cheers.") On these grounds he sought and 
obtained a Committee, which was instructed 
*' to reconcile the conflicting pretensions of 
the diftereut parties, and thus rcvioi'e the great 
obstacles to tho improvement of this import- 
ant Colony." 

There was not an individual in the Housq 



*Vidc Mr. Huskisson's speech on the civil 
government of Canada, 2d Mav, 1828. 



285 

of Coinmons who could either contradict a 
word of what Mr. Hiiskisson started lo be the 
situatioQ and uecessiiies of Canada, or throw 
a spark of additional light on the subject in 
hand. To be sure the hackneyed mouthers" 
on the opposite siile of the Mouse attempted 
something of the kind ; but their "long yarns," 
agitated the whole senate, most of whom 
were soon out of sight and hearing of the ora- 
tors, leaving tliem to'*discourse most eloquent- 
ly" to empty benches. As to the ridiculous 
rant of Sir James Macintosh, nothing can be 
more preposterous. What can possibly bo 
more absurd, than to maintain, as he did, 
" that nothing,' else can save a country from ru- 
in than alloiving the. majority to make laws .'" 
Sir James once lectured in a very learned 
and eloquent style on the law of nations: but 
we do not remember that he ever advanced 
such a doctrine as this before. Perhaps the 
extensive, enlightened and independent Coun- 
ty of Nairn, which he now or lately repre- 
sented, may have thrown some light on this 
subject. Sir James may not, indeed, be a 
" Sportsman,^^^- and his sporting days may 
be over; but if such be his notions of Govern- 
ment, it is high time to leil him, that the 
day of his political penetration and wisdom 
are also over ; and it would be well for his 
reputation if he were endowed with sufficient 
judgment to perceive the tieparture of the one 
as soon as the other. Who ever heard of 
" The Ma j or ity'*^ of a people making laws Imt 

* Vide his Hpeech. 



\S6 



iu tlie most rank and simple Democracies ? 
Such a doctrine as this might sound very fine 
ill a dissertation ou the governments of an- 
cient Greece and Rome ; and may not have 
been inaptly applied to tiie Black Mail laws 
of the Clan-Chattan, the Ccltick ancestors of 
Sir James! but when spoken of in England, 
it only calls to mind the club-laws of stews 
and gambling-houses. We are amazed that 
Sir James wns not ashamed to speak of such 
a thing in the British House of Commons. 
We are absolutely astonished that he was 
permitted with impunity to pollute a spot so 
sacred to real liberty with his monstrous a- 
bominations. If such be really his principles 
and his notions of free independent govern- 
ment, howcnn he with honour to himself or 
benefit to his constituents, longer sit there as 
a mere Delegate? Is he not aware that, by 
doing so, he is standing between those con- 
stituents and their just rights? If he think 
as he speaks 'le ought immediately to accept 
the Chnllern-Hundreds. If he does not, it 
is very easy to form a true estimate of the 
character of the man, who, to gratifiy some vain 
and foolish ambition would advance a doc- 
trine in Parliament which he neither believes 
in his heart nor intends to practise in his life. 
Nothing, therefore, can lower Sir James in 
the eyes of the word more, than this attempt 
10 institute democracies in these colonies, while 
the mother country continues to be governed 
by a limited monarchy; and nothing would 
sooner alienate and destroy the colonies than 
such a constitution as ihi?, The jjreat fenr- 



'287 

IS— and it is a^^^. ^^^ iU-tbuudcd— lliat the 
political instituting j,^ ^j^. depencleucies, as 
they stand, are of l^ popular and deinocrat- 
ical a cast, consistent- yf'nh their own hap- 
piness and the legitin.^g supremacy of tho 
parent state. As to L^er (Canada, late 
events demonstrate clearly that we are go- 
vorned by a kind of Dcmocrai^al Oligarchy— 
that the people enjoy universal ^jffrage — and 
that our government unlike bof» its model 
and what it ought to be, is not one of checks 
and balances. This being the cast, it be- 
trays great and gross ignorance in Sn* James 
thus to rave like a maniack about the ma- 
jority of the people making their own laws. 
This would be pleasant news to the Man- 
chester, Glasgow, and Paisley radicals. It 
would be glorious intelligence to the Catho- 
lic Association. O'Connell and Sir James 
for ever! The Demagogues of all countries 
have an extraordinary sympathy for one 
another. How beautiful and consolatory the 
uniformity of their creeds and doctrines ! 
But will Sir James be so good as tell us, in 
which of the Democracies of Iliudoostan he 
learned this new-light? Perhaps we are in- 
debted to his emhrijo history for it. If so, 
should this great work ever come out, which 
seems rather doubtful, the Utopia, of Sir 
Thomas More will sink into insignificance 
compared with that of Sir James Macintosh. 
We are told in this province by that great 
man Mr. Papineau, that wc have been better 
governed by Knights than by Earls. Should 
the doctrine of Sir James prevail that hap 



28S 

py country, Utopia, >vill be e ''^^^^^ weli-gov- 
ernecl. We trust the emiV^^'°° Committee 
will not lose sight of a ny-^P^^^ ^^ singularly 
advantageous to the su^^"^ population of the 
empire. Sir James ^^^^""^ willingly draw 
out a code of laws ""^ P^^" ^ system of gov- 
ernment for the ^^^^ colony, on which he 
TV'ill.not fail to'*^?'"^^^ ^'^^ French Feudal and 
Seignieural '^^nure, and the right of the " ma- 
jority'^ to ^^^^^ the laws. We happen to 
know sop«ewhat of Sir James. We have of- 
ten adiiired iiim as a statesman, a politician, 
ajudge and a man of learning and literary 
acquirements. Never therefore were we 
more disappointed than to behold his con- 
duct with respect to Canada. We always 
looked upon him as a man of liberal senti- 
ments and enlarged views. Never therefore 
have Ave been more surprised than in discov- 
ering in him the advocate of feudi.1 barbarism 
and narrow prejudices. Is it possible that a 
sy^mpathy for the septish domination of his 
native mountains still lingers around him ? 
We have no objections to the fire and martial 
spirit of that renowned country ; but, in 
heaven's name, let us never again hear of its 
prejudices und feudal barbarities. Lower 
Canada is the only spot in the British domin- 
ions whose suu of prosperity is still darken 
€d by the clouds of the feudal ages. It was 
therefore truly unworthy of a man of the po- 
litical rauk and legislative acquirements of 
Sir James to become the blind advocate of 
perpetuating a system of things so little con- 
genial with the spirit of the times, and the 



289 

destinies of the British Empire. Sir Jame* 
is a friend to Catholick Eraahcipation. So 
are we. But we would ask him, whether it 
is more honourable to unclasp the chains of 
political than moral darkness and depravi- 
ty ? We fear, nay, we are sure, that Sir 
James has taken the right side of Ireland 
and the wrong side of Canada. His conduct 
in opposing the union displayed great igno- 
rance of our real wants and necessities. This 
ignorance is excusable, even in such a man 
as Sir James. But his advocacy of French 
laws, manners and habits in a British Colo- 
ny, and his desire to entail upon this prov- 
ince alf the miseries which it inherits as aa 
oifspring of Feudal and Despotick France, 
neither does honour to the man nor reflects 
credit on the politician. His speech was a 
compound of abstract and theoretical reason- 
ing which was as applicable to Botany-Bay 
as to Lower Canada. There was not a senti- 
ment nor an opinion in it which he who 
wishes to legislate for the prosperity of this 
province would adopt. He praises the peo- 
ple because they are ignorant, and abuses the 
Governor because he obeys his instructions. 
Let him reflect on such rhapsody, and say 
whether it would reflect honour on any states- 
man. It has, however, been his fate to place 
this province in a light in which no other 
man — even the insane demagogues of the 
province— has dared do. He has called this 
province the " i^oe" of England!* It is 

*Vide his speech when alluding to his op- 
iiositipn to the union in 183'3, 

17 



2yo 

^ery certaia tliat in so far as regards our re- 
ligioD, laws and language, we are opposed 
to England, and our natural and national 
antipathy becomes stronger in proportion to 
the attempts of the mother Country to An- 
glicise us. But as to being the ^'- Foe''' of 
England, it will be time enough to speak of 
that when we become independent of her, 
and are able to compete with her in the field 
or on the ocean— a period which need never 
be expected until Great Britain becomes as 
indolent and stupid as we now are. This 
shews clearly that Sir James took no real 
interest in the affairs of Canada, and that he 
spoke at random merely to pleL'.e a pack of 
ignorant and prejudiced blockheads, who 
had themselves not only been the tools of a 
faction, but had the art to impose upon him 
in accordance with the narrow views and 
dangerous plans of that unprincipled faction* 
Had the case been otherwise he would fromi 
day today have attended to his duties as a 
member of the Committee^ and not remain at 
home reckless at once of the fate and condi- 
tion of this vast Colony. . But Sir James 
thought that a speech was all that was asked 
from him. So it was ; and we can tell him, 
that the oftener he utters such speeches, the 
more he will compromise his own character 
and risk the safety of this province. 

As to the Report of the Committee, the 
best way to characterize it, is to state the 
circumstances which have come to our 
knowledge with respect to the mode in which 



291 

it was gol up. As soon as tliG evidence had 
been gone through, a very intelligent mem- 
ber of the committee was appointed to draw- 
up the Report, lie did so, and that in ft 
manner that reflects much honour upon his 
information and talents. But this Report is 
not the ^^ Monument.^' It now beealne evi- 
dent that there was a pmiy in the Commit- 
tee. This party, after several numbers of 
the committee had left town for their countrj^ 
seats, under the impression that there could 
be no doubt as to the adoption of the draught 
submitted to them, drew up a 7ieiv Report, 
adopting and concenling as much of the first 
as corresponded with their own views, and 
adding the famous supplement which at once 
closes and disgraces this extraor^linary doc- 
ument. Yet ?/m's Report, to the eternal dis- 
grace of th^ pcifty, was only carried by a ma- 
jority of owe vote ! Posterity will scarcely be- 
lieve it ; but it is a fact, that this majority, 
instead of being guided by a sense of nation- 
al honour, and the principles of sacred uni 
versal justice, were solely influenced by mo- 
tives of personal dislike and private resent- 
ment. Is not the character of the nation 
gone when we find the very Legislature-— the 
very parliament actuated in their publick 
conduct by such base and disgraceful pas- 
sions ! We have only to look into the report 
itself to be convinced of the corruption that 
existed in the Committee. Who but a fac- 
tion could interlard a state document like 
this with personal vituperation against char- 



292 

acters hitherto held sacred until fairly charg- 
ed and formally convicted. It was not pay- 
ing a great compliment to the King to tell 
him, that his Majesty's representative in 
Canada was a delinquent when no charge 
had been rgg-i*ZarZ^ brought against bim; far 
less submitted to his Majesty. Was not this 
trying and criminating individuals instead of 
inquiring into errors and grievances ? Who 
made the Committee a Criminal tribunal 
when the House of Commons itself cannot 
—dare not put one of his Majesty's subjects 
on trial before it ? Thus far, at least, the 
Committee over-stepped their legitimate au-= 
thority^ and on these groands alone, we are 
clearly of opinion, that the Report will never 
be concurred in. A decision to the contrary 
would eternally disgrace the British House of 
Commons. Even as respects its main points, 
though they contain many things that we 
ourselves approve of, we do not think that it 
will ever be received or concurred in by the 
House. Notwithstanding the large volume 
of evidence subjoined, it does not communi- 
cate a particle of information on the funda- 
mental evils of this province ; nor suggest, of 
course, any reformation with respect to them. 
It foolishly supposes the Canadians to be as 
susceptible of knowledge and improvement 
as Englishmen ; and takes it for granted, 
that the removal of some Financial difficul- 
ties and giving way to all the wishes and 
prejudices of a rude and simple people, would 
send us down to future ages the envy and 
admiration of the world ! Provided the 



29i. 



Committee could drive all the Edglishmeu 
already in the province out of it, and pre- 
vent others from coming into it, it is very 
probable that Lower Canada would seldom 
be heard of as a part and parcel of the British 
dominions. But while matters remain as 
they are, it is the bounden duty of the parent 
state not only to protect us, but to render ns 
as happy as she herself is. But it is not at 
the hands of the Canada Committee that we 
are to expect such happiness. If their Re- 
port be sanctioned and followed up, without 
amendment or modification, we shall of all 
people be the most miserable. In truth, we 
have reason to know that it never will be 
sanctioned in its present form. In all prob-« 
ability the committee, instead of being thank- 
ed for their industry and assiduity, will either 
be dissolved or sent back to reconsider the 
evidence, in order to draw a closer parallel 
between it and the Report ; a glaring defi- 
ciencj' which detracts very much from the 
good sense and impartiality of the commit- 
tee.* Yet, this is the *^ Imperishable Monu- 
menf^ which the House of Assembly have 
undertaken to print, publish, and circulate 
throughout the country ? We shall only add, 

*We decline alluding to the extraordinary 
character of some of the evidence given be- 
fore the committee. The manner in which 
that part of it which has reference to the La- 
chine Canal, has been refuted in this country, 
is as honourable to one party as disgraceful 
to the other. 

1 ir** 



29-1 

ihut hotVuo tlie prill tor lins got ilie job out of 
Ills li;uu)s, it i>4 inoro lluui prol)iil»lu tlinl llio 
" ItnjK'iishlthh' ^'^Imuiinriit"' sliiill liuvo hvvn 
<lusbo(l to pieces, and a stnicturo more use 
Ttil niKJ (ttirnlilo oi"iM>t<Ml in its plaoo. 

IMr. f'iy\rr\t Jiidicatinr fiill >vas npiaiii lost 
Wv h(\'irti'y vojoioo at: this, not o:ily because 
its whtdi' luacbinciy ^vas <Munbrous, uiisuita- 
blo to ibo fircsonl corwlitlon of tho country, 
and iutpossibln to bo put in nn)tion, but bo* 
cause tbo ini'anticido was coniutittovl oa tho 
door ol'tbc llotiso of A 5snmbly in Inll autl do- 
liborafo conclavo ! 'JMiis uondcrlul and ill- 
Trited Hill nas ib'rlarod by its pnront to havl) 
l»pon tho la!)0tu' oi' ttrcnti/-jivv i^cttr.^ : and, in- 
deed, if wo miiyjudj^e iVoni Its diuunisions 
and tbo ntunboroC its proposo«l onactineuts, 
ibo production is not unworthy ol'iht^ time and 
labour bestowcil upon it. It iM)ntains .svn «- 
hi-thrtr cbiusos, snul occupies /"')/7.y-/j/;j«' (olio 
))a,";os in print ! Tho cx|)loits of the boh ot" 
.Uipitor ami Alcmona were nothing- to ibis. 
The squoe/.iuj;- to doatb of the serpents; tho 
dostrnctitni ol" the lion of Citbacron : tho 
destruction oftbc liiMnacan hytira: the kill- 
in|j;orthe monster (Jeryon, the carryinj; ol" 
Cerberus iVom boll ; Uillinjj; tbo C^mlanr ; 
tbo clonninjj; of tbo stables of Anj;eas; — 
in short, the twelve labours of Ilercides 
siidc into insij^niiiranrc compared with this 
;';ip;antic nndertakin!;- of l\rrnti/-Jivr i/cars ! 
INo wonder, then, tbouj;b \\v has ever since 
playetl tbo «lotaril. and watidercd throu;;h the 
country, like a tlrivellin^ maniac, bewailin;; 
tho utuimely loss of the hopeful heir of his 



.iriiue urnJ (.Mnily. I low liio i^ooi!, worthy 
poopio of (.lui:\n;(',, \)'a'ivf\ lh<5 lioury- h<!;i(Jo(l 
Hirti UM lie walled Jilonj/ J.licii mrccM, in ruc- 
Tul ;iii(l<l<)wtn;a«t 5iHi>«;cl, ; IxmIcwIh;; llmpavc- 
incdl willi I ■ tcuis, ari<l n»nHiri{r, rlio vcaj 
r|iil'lr(;ri irorn ihiuv • liirriltcrs l»y iti' ' ohUirifr, 
and (•onvulKivc roHpiifUiotiM ! I»nt wlioro wnw 
iSiV J(mii:n McInfoH/i at ihis (;iil.Ic:xl u.i.<nim\,1 
Have iho mchiriclioly ricwn vet roaclurj hifn? 
VVIkto were lh<; [ivXiUdhh of i:r\<-\'.iui:<:H, wilfi 
llieir Iwri;; li;,t. of urcMH-.iUoti'i ;\\:u\f\h[. tlu; I^c- 
{.jiiilutiv*} Coiifnil ior nnf. hjiptiy-iti^, and ron- 
»ecrat,inj( lliin loyal a<'u>u. Wiiore wore 
NcIhou and (JuviUkr ! W horc wero the (Jari- 
Mihi. Cornrnitfce -vvUh their l{,«port and il» 
hundred lies/? Alaw \ all — all gone. All 
had forH-il'cn »he unhappy and hereji ved fath- 
er — tho latherof iImh only child — to his r.'ile. 
Why di<l he not, in thin the hour <'f I '-ala- 
mily, <\<) ^' ivImI, (Uibt did find Addiuon nji- 
yrovcd,'* and «o put an cud at once to tho 
Jiill and his own ruiiitiries. IJut hyf)OcriHy 
«nd eowarrlice are too near aUin to ncparalc 
on Hucli l>;id terms. 

11 very wise rn;jn In ready to n<i\in(i\\\o-(]y,n 
tho eMiarnitieij nrjdei- whi<:h thin J'rovinee la- 
hours, I'roin the want <d' an uniform, Htahle, 
and ciroeiivo syMtom of judicature. Jufiliee, 
if pure rind impartial ffo far as it K'"^'**) which 
we are ready to admit, iw loo distinet, and 
purehaned attoohijrji a (niee, Itoth as r<;;^ar(ii 
re?d eompensation and mor.'il conseqwenf;' ■<. 
The evil haM heen lonj^ felt, and many eflwriH 
have heen made, an well without us in ih« 
Lcgifiluliire, to tUscover a prop(jr and oH'ec- 



29U 

lual remedy ; but hitlierto in valu. It ap 
j)oars j)assing strange, that, iu an assembly, 
composed nearly one linlf of Lawyers, no 
measure <i.au bedlvised of suflicieutforce and 
Avisdom to establish the ndministralion of 
justice on that simple and secure basis wbicii 
is necessary to maintain the peace and hap- 
piness, as well as the rights and liberties of 
every civilized people. We fear it is as bad 
to be governed by lawyers as by judges ; and 
that the former are as uselcas hi the Assem- 
bly as the latter are reported by the Canada 
Committee to be in the Council. But more 
of this in the sequel. In the meantime, it 
may be proper to state the proceedings which 
have taken place iu the Legislature, during 
the last twelve years, on this important sub- 
ject. 

The first bill, having a bolter system ofju- 
dicDture for its object, orijt'inated in the Le- 
^^ilative Council: and, in 1819, -was sent 
<lo,wn to the Assembly, where it met with 
little or no attention, and was laid on the shelf. 
Mr. Tlger''s time was not yet come. His bill, 
tliough conceived aad in embryo, badj not 
yet been fully formed. In] 821 another bill 
was sent doAvn ; but after a deliberation of 
Jive iveeJcs, it was dropped. The pregnancy 
of Mr. J'iger had but little advanced. In 
J 823 a third bill was sent down ; but though 
a sj)ecial committee had reported uj»ou it with 
amendments, the House never entered into 
the consideration of it. But ftlr. A'^igerhad 
now come to the birth : every preparation 
was made for the in-lying, and the case -was 



297 

feubmitted to ilie mid wives of the Assembly, 
In 1825, t[ie Assembly sont ujf to the Coun- 
cil a Judicature Hill, which the Council ira- 
medialely proceeded to consider and amend ; 
but before their measures, in regard to it, 
were completed, the Lieutenant Governor 
prorogued the session. In 1820, another bill 
containing the same provisions, was sontwp 
to the Legislative Council, whore it was dis- 
cussed for three weeks, and so largely amend- 
ed, that, on the day previous t'^ the proroga- 
tion, it became necessary to print it for the 
use of the members. In 1827, the same Bill 
was again uo^t. uj> by the 'Assembly ; but only 
a f«w days before the prorogation, which, 
though read a second time in the Council, 
was necessarily interrupted by the adjourn- 
ment of the session.* Mr. Vigefs labour 
now became no less tedious than painful, and 
his friends began to entertain great fears for 
liis safety. There was but one alternative, 
and that was to consult that great Colonial 
Accoucheur, the Imperial Parliament. It 
was stated at the consultation, f that the Le- 
gislative Council — a term asserted by the 
Assembly to be synonymous with ^'■ExeciUive^^ 
— had repeatedly refused to proceed on the 
Judicature liills sent up by that body, and 
that the province had suH'ored great and va- 
rious hardships from a want of sympathy oa 
the part of the Legislative Council towards 

*Vide ** Observations on Petition of Griev- 
ance,^' p. 20. 
+Vide the Quebec Petition of Grievance. 



298 

the precarious situation of Mr. Viger, and 
the anxiety of his friends. Tiie great ,4c- 
coucheur, without pronouncing any definite 
opinion himself, referred the matter to a 
Committee of young ^sculapians, who 
declared that the Legislative Council were 
much to blame for their cruel and inhuman 
treatment of Mr. Viger, and recommended a 
different constitution of that respectable body. 
But the council have refused to acquiesce in 
this opinion, and declare themselves perfect- 
ly innocent of the crimes laid to their charge.* 
In truth, we are ourselves of the same opinioa 
—and the little sketch which we have given 
of the history of this famous Judicature Bill 
may convince any impartial person, that the 
statements in the petitions of grievance re- 
specting this matter, were as false as they 
were groundless. Is not the failure of the 
Bill in the Assembly itself a convincing proof 
of this ? Who would trust in future to simi- 
lar representations from the same source 1 
Yes! Ths House of Assembly strangled the 
Bill in its birth and saved the Legislative 
Council the trouble of again legislating on a 
measure so incongruous, and so full at once 
of blunders and danger to the due adminis- 
tration of justice. This event however, has 
been the naeaas of dividing the Assembly into 
two parties, now commonly known as the 
Quebec and Montreal parties. 
The Moatrealers have always supposed 

*Vide Appendix A, of their iournals for 
1820. '' 



299 

them selves far superior to the Quebeeers 
both ill number and legal lore; but this is a 
proposition which the Quebec folk deny ; 
and it must be confessed, that they have 
proved their superiority so far as to be able 
to throw out Mr. Viger's Bill without being 
capable to naaintaiu the Resohitio7is o^Mv. 
Vallieres on thesanae subject. Whilst this 
state of things continues, we despair of ever 
seeing a sensible judicature laAV pass either 
branch of the Legislature. We are not pre- 
pared at present to enter into the merits of 
the measures of either party ; but we cannot 
refrain from saying, that, of the two, those of 
Mr, Vallieres are by far and decidedly supe- 
rior, though still at an immense distance from 
the true line of judicial legislation. The ob- 
servations of Mr. Solicitor General on this 
question will reward any one who peruses 
them.* They do as much honour to his can- 
dour, as to his information, talents, and re- 
search. 

We are ourselves no lawyer ; but with a 
little study and labour, we think we could 
be able to devise a system of judicial ad- 
ministration for this province which would 
at least be equal to that of either Mr. Viger 
or Mr. Vallieres. The policy of our ancient 
constitution, says Blackstone, as regulated 
and established by the great Alfred, was to 
bring justice home to every man's door, by 
constituting as many courts of judicature as 
there were manors and townships in theking- 

*Vide debate, 3d February, 1829, 



>0Q 



Jora ; wherein injuries were redressed iu aa 
easy au expeditious nuniner, by the suflVage 
of neighbours aud friends. These little 
courts, however, corninMnicated with others 
of alarger jurisdiclioH, aud those with others 
of s*tili greater power ; ascending gradually 
from the lowest to the supreme courts, whicli. 
were respectively constituted to correct the 
errors of the inferior ones, and to determine 
such causes as by reason of iheir weight and 
difficulty demanded a more solemn discus- 
sion. The course of justice flowing in large 
streams from the king, as tiie fountain, to his 
superior courts of record ; and being then 
subdivided into smaller channels, till the 
whole and every part of the kingdom were 
plentifully watered aud refreshed. This 
seems to us to be the true basis of Courts of 
judicature, and is such as ought, in our hum- 
ble opinion, to be adopted not only in this 
province, but in every other country of tho 
least pretensions to civilization. The sys- 
tem was evidently borrowed from Moses, 
who, finding the sole administration of jus- 
tice too heavy for him, " chose able men out 
of all Israel, such as feared God, men of 
truth, hating covetousness ; and made them 
heads over the people, rulers of thousands, 
rulers of hundreds, rulers of fifties, and rulers 
of tens: and they judged the peonle at all 
seasons ; the hard causes they brought unto 
Moses; but every small maitcv they judged 
themselves.'** It is on such a plan as this 
that we wish to see the judicature of thi^ 



^Exod, Chap. XVIII. V. 91. 



>0l 



provluce rirmly autl permnnentlv scttleVl. 
This is the true ilivisiou of jutlicial h\ho!u\ 
Let the proviucc, theielbre, he divkieil iuto 
counties and townships. Let there he a 
sedentary ]yu\^o in eiich of those counties and 
townships, having jurisdiction in real and 
personal cases to tlie amount of £30 sterling. 
Let these counties and townships ho split 
into three divisions, and attached, according 
to their locality, to each of the general dis- 
tricts of Q,uehec, MontreaU nnd Three-Rivers, 
Let each of these general Districts have a 
court of Kings Bench, consisting of a Chief 
Justice and three puisne Judges ; having a 
concurred original, as well as an appellate, 
jurisdiction over all the counties and town- 
ships attached to the District. So far as re- 
gards the appeal front counties and town- 
ships, let the decisions of these /)/&]{ /iVf courti 
be final. I^^t there be a supreme court of 
Appeals, consisting of the Governor and 
Council; that council, (ov Judicial purposes, 
to consist of His JMajesty's Representative, 
the speaker of the Legislative council, it" ho 
he not one of the Chief J ustices, but if so, the 
senior member of the same council : the said 
three Chief Justices, the Judge of the Vice 
Court of Admiralty, and Ilis Mnjesty's Ad- 
vocate General. As to criminal matters, let 
all trials be had in the cotirt of Kings Bench 
within whose General District the offence 
may have been committed. Let all these 
Judges 1.3 rendered independent : and not 
only permanent salaries granted to them du- 
ring good behaviour, but pcj^sions also, in the 



302 

event of their retiring in consequence of bad 
health, old age, or a judicial servitude often 
years. Let the Record language at least of 
all these courts be English.* As to the laws 
that ought to govern the decision of cases, 
of course, we are not prepared to speak. 

*" Identity of language is a fundamental 
relation, on whose influence we cannot too 
deeply meditate. This identity places be- 
tween the men of these two countries (the 
United States and England,) a common 
character, which will always make them 
attach themselves (se pendre) to, and recog- 
nize each other. They will mutually think 
themselves at home when they travel into 
each other's country. They will have a re- 
ciprocal pleasure in the interchange of their 
thoughts, and in every discussion of their 
interests. But an insurmountable barrier is 
raised up between a people of a different lan- 
guage, who cannot utter a word without recol- 
lecting that they do not belong to the same 
Country — between whom every transmission of 
thought is irksome labour, not an enjoyment^ 
ivho never succeed perfectly to understand each 
other'— and withivhom the residt of conversation, 
after the fatigue of unavailing efforts, is to 
find themselves mutually ridiculous. The very 
part of America through which I have trav- 
elled, I have not found a single Englishman 
who did not feel himself to be an American ; 
not a single Frenchman who did not find 
himself to be a Stranger," TaUeyrand^s 
Memoir of America^ 



303 

But we venture to think, that the sooner the 
French feudal laws and tenures are abolish- 
ed, and the English laws and forras of pro- 
cedure established in their place, the sooner 
the province will become happy, prosperous 
and wealthy. With regard to the foolish 
dread that has been entertained in the As- 
sembly respecting /oca^ judges, and their par- 
tialities to those next them in society and 
kindred, it is quite absurd. Has not a local 
judge the same honour and character to main- 
tain that a District judge has ? To supposa 
the contrary, would be to suppose h\m a 'priori, 
destitute of every principle of justice and in- 
tegrity. Has not every individual a certain 
rank and character to uphold ? In the name 
of heaven, why should Zoca/ Judges be ex- 
empted from so general and favourable an 
idea of mankind ? Are local and parish per- 
sons less virtuous and moral in their lives 
than metropolitans ? It is positively a libel 
upon human nature to say, that an individ- 
ual can be more upright and virtuous in one 
place than another ; and that judges in the 
country are less impartial and honest than 
city judges. For our own part, we honest- 
ly declare, that, had we a case pending, we 
would' much sooner su^jirriit our fate to a 
country, than to a town judge. It is very 
true we might be favoured w ith finer speech- 
es, closer logick, and more eloquent lan- 
guage from the cityjudge; but we very much' 
question whether vv^e should not receive strict- 
er and more sterling justice from the coun» 
try justice. Nothing can be more ch}Wi«;b 



vl04 

than the reasoning of the Assembly on thl^ 
pul)ject. Tliey have mistaken their own sus- 
picions and prejudices for realilies ; and 
have put down, as an olfeoce to be guarded 
and watched, the mere surmises of their own 
imaginations. We trust we have assisted 
in exploding such futile doctrines, and that, 
when the Assembly meet again, their minds 
will be better prepared for the discussion and 
final adjustment of a subject which, above 
all others, claims their serious and undivided 
attention. This, ought not to be made a 
party question, because it is of paramount 
ar>d perpetual importance. Neither Quebec 
nor Montreal ought to claim any honour or 
favour from its settlement. The whole 
country ought to unite in its accomplish- 
ment ; and he who divides either the coun- 
try or the Assembly in an endeavour to es- 
tablish a wise and permanent system of ju- 
dicature, ought to be execrated and banished 
for ever from decent society. Without apro- 
pcr system of judicature, no country can be 
free or happy : without meekness and mag- 
nanimity, no legislature can be useful. 

The Bill introduced by Mr. Lee for dis- 
qualifying the judges from having seats and 
votes in the Legislative Council, was a very 
silly and foolish measure; and we are iiappy 
that it miscarried. Itdisplayed neither gelie- 
rosity of sentiment nor knowledge of the con- 
stitution. This is an old and favourite object 
in the Assembly ; and of course, was thought to 
be irresistible on the present occasion in con- 
sequence of the complaints of the petitioners of 



ihe Cross ou the one hand, aud the remera 
brance of that foul monster, the^ Canada 
Committee, on the other. But, thank God, 
desperate as our condition is, we have not 
yet fallen quite so low, as to be driven from 
our post by every wind of doctrine ahat rises 
from the Assembly and their minions through- 
out the country. When the assewbly prevail 
so far as to be able to say with impunity, 
either who slialL cr who shall not, sit in the 
legislative council ; or, in other words, dic- 
tate the spirit and the principles which ought 
to regulate that essential balance which the 
constitution has opposed to their popular 
passions and designs, there will be an end 
of the matter. Nothing, indeed, is more 
natural to licentiousness, faction and envy in 
all countries, than to unite in an endeavour 
to possess themselves of the whole power of 
the state, and we have seen that, in obedi- 
ence to this general law, nothing has ever 
occupied the attention of the Assembly more 
than the means of acquiring the whole pow- 
er and authority of the province. The at- 
tempt, therefore, of driving the Judges from 
the Legislative Council, if successful, is con- 
sidered as one great step towards an end so 
desirable. We call upon the government 
and the country at large to be unanimous in 
their resistance to these unwarrantable and 
outrageous proceedings ! One concession 
leads to another ; and we may be assured, 
that if the Assembly succeed in their present 
attempts to destroy the constitutional organ- 
izatioa of the Le.'^islative Goimcib their next 



endeavour will be either to declare that body 
altogether useless, or fill it with their own 
creatures. Such a conjecture is not so dis- 
tant or remote as some persons would in- 
duce us to believe. They who have nar- 
rowly watched the operations of our Consti- 
tution, and the process of encronckmenis find 
violations on its principles which have been 
going on for years, clearly perceive, that if 
such a system be longer persevered in, it must 
be yielded up, like a battered and ruined cit- 
adel, into the hands of its worst and basest 
enemies. In the Colonies, in particular, it 
behooves his Majesty's government to guard 
against innovation from the side of the popu- 
lar branches of the legislatures. While the 
Assemblies possess much of the power and 
constitution of the House of Commons, the 
provinces are destitute of that rank and for- 
tune which are necessary to secure that sta- 
ble, uniform counterpoise in the Legislative 
Councils, which characterizes the House of 
Lords. The model is a good one ; but it 
can never have fair-play in a country where 
the materials for forming a counterpart, do 
not, and cannot exist. Besides, neither the 
king nor government holds any patronage in 
the provinces, which can create attachment 
and influence sufficient to counteract that 
restless arroj^ating spirit, which in popular 
assemblies, when left to itself, will never 
brook an authority that checks and interferes 
with its own. We do not here advocate aoy 
undue influence or clandestine rewards. 
These are equally disgraceful at all time?. 



S07 

and in all places. We only loler to thai, 
weight and influence on the public mind 
which always characterize, and ought evev 
to follow the acceptance of posts of honour, 
and naerited prefernaent. It is on these grounds 
alone that we warn this province of the dan- 
ger that awaits it, if the House of Assembly 
be permitted to pull down and level every 
barrier which the constitution has established 
not only in its own defence, but for the safe- 
ty and security of the rights and liberties of 
the people at largo. 

But with respect particularly to the at- 
tempts made by th.e House of Assembly of this 
province to exclude the judges from the Le- 
gislative Council, nothing can present their 
true character in a better light. They do 
not complainof the judges because they hav» 
polluted the seat of justice, but, on the contra" 
ry, because they possess, in the opinion of the 
Assembly, the natural enemies of the other 
branches of the Legislature, nn undue influenco 
in the Legislative Council! We do ad- 
mit, that, if a case were made out shewing 
one solitary instance wherein the political 
character of the judges interfered withtho 
legitimate discharge of their judicial func- 
tions. Wo should be among the first to second 
the measures of the Assembly. But when 
we find that the Assembly, even presumptuous 
and insolent as they are in all their measures^ 
have not dared to bring a charge of this de- 
scription against any of the judges, but, oa 
the contrary, only hunt them as mere organs? 
of imaginary political grievances, we standi 
18 



«n tbelr side; and have no hesitation to say* 
that the mioister or the Governor who con- 
sents to stigmatize a learned and honoura- 
ble body of men, in subserviency lo the views 
©f the Assembly, is an enemy of the consti- 
tution and a base traitor to his country- Yet, 
even if there had been good and formidable 
grounds for excluding thejudges from the Le- 
gislative Council, the mode in which the As- 
sembly attempt to efiect their purpose, is 
alike at variance with the principles of the 
constitution, and destructive of the just pre- 
rogatives of the crown. By the constitution- 
al act his Majesty is authorized to call whom 
he pleases to the Legislative Council, except 
aliens and persons under twenty one years 
of age; and those called, hold their seats dur- 
ing LIFE, unless vacated and forfeited by ab- 
sence from the province, treason, or allegi- 
ance to any foreign prince or power. Now, 
as it is not pretended that the judges have for- 
feited their seats, by the commission of those 
crimes, or by absence from the province, by 
what power on earth can they be disqualifi- 
ed, except by an act of the Imperial Parlia- 
ment? It is in virtue of an act of the su- 
preme Legislature of the empire that they 
hold their seats, and we know of no other au- 
thority by which they can be deprived of 
them. Nay,even had his Majesty recomment?- 
ed the measure in question, which we are 
certain his Majesty will never do, we main- 
tain that the PrormdaZ Legislature could not 
constitutionally proceed to enact a law upon 
the subject- Their doing so would be legist 



•S09 

lnliiiK in Jlio faco and in defiance of ilio ( 'ow- 
stitulional At:l; ; and noilhcr ilio jirdpos lliorn- 
Molvos nor tho country would l)o l>onnd 1)^ 
tlioir <lodHion. If tho ind;^0H in llio council 
have coinniitloil any ciinio, lot tlioiri ho tiiod 
and <'onvi<;l,od,and thon thoir Ko;itM wdl (fill as a. 
thiiif!; of oouiKO, aj^rooahlo to tho <li<;tatos of 
tho constitution. Hit/.v ruxMiHsaiy to roniovo 
thcni, \vhi(.h wo Hatly <lony, lot tho king and 
thoinii>oiial I'ariianiont, the ordy coinpotont 
HutlKoity, ho soli<:itn<| to poilorin tho un- 
p;iatorul task, lint n(;voi- lot it ho Kaid in % 
JJritish j»rovinoo,th;it rtn outra{;()so j:;I;iriri;:^ liaw 
hoon conirnill'.d on iho )Miii('i|doK oftho ron- 
utilulion ; and that in<'onij>oton(;y jiihI iujiis- 
tice walk hand in haud. At tho risk of in- 
curring'; tho disploasuro of tho AHKOinhly Jind 
thoir friends — which, hy iho way, wo kIiouIcI 
ho sorry ever to do othorwiso than dcHcivr — 
wo havo no hoHitation in .sayiiij;, that .V0///7; of 
IIiojikI^os aro tim inoKt usolul and oiru-ioiit 
inondiorsin tho liOgislativo (Jouncil,and that 
nothing could ho nnn'o injnritniK to tho real 
intorOHlH of tho province tlian ^////"r rorii<>vaJ, 
(it a tinio whon tho coustitulion lies [*ros- 
lrat«i at oin* feot, and ovory avoniid o|»nnr,d lo 
t!ic insolont and doHtrnclivo prcilrosions of 
iho I louBO of AsKorrddy. His IVJiijoHty'H jro- 
Voinniont will thorcloro do woll not to [)art 
with lhorr» <:Hpocially at tho proKont jnnctunj. 
Thoy got notliiii;^ ("or thoir hrh(»ur ; and whilst 
llnjy work tin? j:,(»od work ol'tho constilntiou 
faithfully and honestly without injury to thoir 
judicial character, wo thiid; ihat tho doht J!! 
•a ik^ sido of tho king and cuuutry, and wot 



.to 



on theirs. Some of the most eminent and 
experienced judges of England have always 
been found to have seats in the House of 
Lords, and those who have not are daily lia- 
ble to be called upon for advice and instruc- 
tion. Why should not the analogy be main- 
tained in Canada as nearly as circumstances 
can admit? Moreover, when we consider 
that the Legislative Council of this province 
consists of tiventy six members, and that of 
this number only three are judges, exclusive 
©f the Chief Justice, who, it seems, mai/ ?ioio 
retain his place,— what evil consequences 
could result to the country, even if these three 
formed a faction as stupid, as vile, and as 
democratical as the Triumvirate who com- 
plained of them? The fact is, that the good 
«ense of the country has been very much in- 
sulted and outraged on this as well as on oth- 
er subjects : and we are surprised that we 
have hitherto submitted so quietly to be told 
that all our judges are pure and immaculate, 
except those alone who hold seats in the Le- 
gislative Council. We think we have shewn 
the cause of this in its true colours ; and we 
venture to presume that the government will 
fail in their duty, if they do not immediately- 
put a stop to this base outcry against respec- 
table individuals, who are an honour to the 
country and the rank which they hold in its 
civil and political institutions. 

But who are they who raise this outcry? 
Why, a pack of upstart, ignorant lawyers 
and notairies, who compose mearly one half 
©f the representatives of the people. While 



oil 



traducing the judges formeddliug iu politicks, 
they altogether overlook the fact that they are 
themselves committiDg the very same fault. 
Is it not as dangerous to a lawyer, who anti- 
cipates prc»motiou to the bench to be a poli- 
tician, as a judge? We at least, think so ; 
especially when we consider the pdliticJcs of 
the lawyers in the House of Assembly, and 
their misapplication ofthat time and industry 
which would be much better employed in 
studying their cases in order to do justice to 
their clients. It is very clear to us, that prac- 
tising lawyers cannot dabble in politicks 
without injuring the political interests of the 
country, and disqualifying themselves for be- 
ing judges; and therefore we hope the gov- 
ernment will ever do its utmost to keep such 
lawyers in their proper sphere. We hope 
that political lawyers will be studiously kept 
from the Bench : we hope this, because we 
wish to see the laws purely, unerringly and 
impartially administered.* 

We regret that the Bill, of which we pre- 
sent a copy below, was not introduced into 
the Legislative Council and passed, as it 
forms on^e of the best commentaries on the 
spirit and character of the lawyers in the 
Assembly we have ever seen. We hope the 
gentleman who got it printed will not fail to 

*" The government of the United States, 
since its institution, has scarcely evinced any 
thing else but proofs of weakness ; and, in fu- 
ture, greater vigour cannot be expected from 
it, as long 33 it is conducted by Lawyers, a 
18* 



12 



rake it up next sessiou.* We are serious Im 
thisexpectatiou. Wo ilo not wisli the coa- 
stitutiuu to be bufl'etecl, like a rock iu the 
middle of the oceuu by every surge of de- 
mocracy tliat those iut'atuated hivvyers cau 
raise against it. We ^vish to see honour, 
justice aud liberality of seDiiment pervade 
the province ; but whilst lawyers coutiaue 
to legislate for us, we despair of ever seeing 
the country prosperous or happy. 

species of men the least proper to govern oth- 
ers, because they have nearly all a false 
judgement and dull character; and becaus6 
with their confined ideas aud mean passions 
they think they can govern empires, in the 
Eame manner as they would govern a club." 
Beanjottr's Sketch of the Unittd States, pp. 
t)4 and (J5. 

*Bill for placing the. Legislative Council and 
House of Assenihli/ of this Province upon an 
equal footing'. 

WHEREAS a bill having passed the As- 
sembly for disqualifying the judges from sit- 
ting in the Legislative Council and thereby 
establishing the principle, that professional 
knowledge of Law ought to work liCgislative 
incompetency, it is fit and proper for the pre- 
servation of the due balance of the Consti- 
tution, and of equal rights, that the two 
Houses of the Legislature should be placed 
upon the like footing : IJe it therefore enact- 
ed, &.C. aud it is hereby enacted by the au- 
thority of the same, that from and after the 
passing of this act, no person being au Advo- 



:ji3 



upon tlio whole, we are firmly of opinion, 
that the Assembly would much better dis- 
charge their duty to their constituents and 
thcmBclves in an endeavour to secure the 
real independence of the Judges, than thuf 
to hunt them, nolens, volms, out af the Icg- 



cato, Solicitor, Notary Public or other prac- 
tiser of Law in any shape shall be elected or 
sit in the House of Assembly of this Province 
as a Member thereof, any Law, Statute, 
Ordinance or Usage to the contrary ihereoi 
in any ways notwithstanding. 

And whereas Physicians and Surgeons 
would be more usefully employed in attend- 
ing to their Patients, than in composing Le- 
gislative nostrums. Be it therefore further 
enacted by the authority aforesaid, that no 
person being a Physician or Surgeon, shall 
after the passing of this Act be elected a 
IVIcmber of the House of Assembly or sit there- 
in. 

And whereas great public injury has arisen 
from the number of Memberi of Assembly 
resident iu Quebec /^nd Montreal, and the 
Counties tbci-'ios", representing otbcr 'Joun- 
ties, whereby their local interests nnl feelings 
are attended to instead of the puLHcgood, l>e 
it further enacted by the authority aforesaid 
that from and after the passing of ibis Act, no 
person resident in Quebec or in Montreal or 
in either of the Couuties thereof, shall be 
elected or shall sit as a Member of the As- 
sembly, for any County, Town, or Borough, 
other thaa Ihc Cities or Towns of Quebec 



314 

illative council ; for even were the Judg:es 
excluded from this Council, who can say 
that their dignity and independence would 
be greater, while their commissions are held 
durante bene placito, or during pleasure, in- 
stead o( quamdiu bene se gesserint, or during 
good behaviour. The first maxim of a free 
state, is the impartial administration of jus- 
tice. But, constituted as human nature is, 
how can justice be impartially administered, 
unless the minister of justice be placed in 
such a situation and circumstances as will 
render him as indifferent to one party as the" 
other ; as indiffersnt at once to the king as 
to his subject, however mean or destitute ?* 
In such a government as ours, the great and 
leading object of the laws, is the security and 



and Montreal or the Counties thereof, any 
Law, Statute, Ordinance or usage to the con- 
trary thereof in any waysnothwithstanding. 

And any person being an Advocate, Soli- 
citor, Attorney, Notary Public, or other Prac- 
tiser of Law in any shape or any person re- 
sident in Quebec or Montreal or either of the 
Counties thereof who shall be elected a 
Member of the Assembly and sit therein as 
such, contrary to the provisions of this Act, 
every such person for every such oflfence, 
shall' forfeit and pay Five hundred pounds 
sterling. 

*Evea in the United States, "The judges 
both of the supreme and inferior courts, shall 
hold their situations during good behaviour, 
and shall; at stated times, receive fortheiv 



315 



protection of the rights of individuals, and m 
their impartial execution when these rights 
are invaded. Suppose the Crown or its of- 
ficers to be the invaders : suppose a subject 
—suppose ourselves dragged from our home, 
our family, and our business, and consigned 
to a dungeon by a tyrant of the law in some 
high authority, for no other cause than a free 
and candid expression of our sentiments on 
some point of government, what justice are 
we to expect— in what light are we to look 
upon our rights, while our Judges, those men 
who ar€ to sit as arbiters between us and 
those who may have robbed us of our liber- 
ty or property, hold their, situations at the 
pleasure of these robbers and invaders ? Sup- 
pose our Judges to be men well known lo 
the community for integrity and impartiali- 
ty — men fearing God and hating a bribe- 
may not the Crown dismiss them and ap- 
point others in their place of less scruples, 
honour and integrity ? Aye, and such dis- 
missals and appointments have taken place, 
even in that country which boasts of the 
best laws and freest constitution in the world. 
But, thank God, the times of such evil deeds 
and evil men have long since gone by. The 
patriarchs of the Revolution of 1688, clearly 
saw the defect, and destroyed it forever. By 
the I3th William 111. cap. 2. the Commis- 
eionsof the Judges were made during good 

services, a compensation, which shall not be 
diminished duting their continuance in office " 
[Ide constitution of the U. S. Art. 3. Sec. 1, 

' 18*** 



316 

behaviour ; thus depriving the Crown of tho 
power of appointing subservient and time- 
serving judges. This was one of the noblest 
achievements of the Revolution. By the I. 
Geo. cap. 23, the judges are not only contin- 
ued in their ofliees during good behaviour, 
but notwithstanding any demise of tho 
Crown ; and their salaries absolutely secur- 
ed to thera during the continuance of their 
Commissions. The senliraents of the moa- 
arch on this occasion, were worthy of the 
sovereign of a free nation ; and ought to 
be repeated as often as the conduct and iri- 
dependeoco of the judges become subjects of 
discussion :—" He looked upon the independ- 
ence and uprightness of the judges, as essen- 
tial to the impartial administration of justice ; 
and as one of the best securities of the rights 
and liberties of his subjects, and as most con- 
ducive to the honour of the Crown." 

It is much to the honour of the judges of 
this province, that tliey have long felt the 
evils and dangers of the tenure upon which 
they hold their Commissions. Previous to 
Lord Dalhousie's departure for England in 
1824, a memorial was presented to him from 
the Chief Justice and Judges of the province, 
praying that their Commissions might bo 
granted them during good behaviour, and a 
provision made for their retirement after a 
service of a certain number of years. His 
Lordship, while at home submitted and' 
strongly recommended this memorial to his "j 
Majesty's government; and, upon his le^ 
turn to the province the ensuing year, he re- 



317 

celved a desjiatch from the Colonial miuis- 
ter, stating, " that ho would rccominend to 
his Majesty that tho appointment of the 
Judges in this province should be placed on 
the footing on which corresponding appoint- 
ments are placed in England, provided that 
the Legislature of this province should make 
a provision for their retirement according to 
tho scale which is adopted in England." On 
the Ist of February, 182G, a Message to this 
effect was sent by his Lordship to both hous- 
es of the Legislature. It would appear, 
however, that in the Session oflo25, wiica 
the Governor in Chief was in England, tho 
Assembly had passed a series of Resolutions 
OQ this subject, on the basis of which, and not 
on that of the Message, they novv, for the 
first time, introduced a bill. The clauses of 
this bill were as novel and uiaconstitutional 
in themselves as they were at variance Avitli 
the whole tenour and spirit of the Message. 
The very first of these decl.uys " that from 
and after the passing; of this act, it shall no 
longer be lawful for any of the Judges of tho 
several Courts of King's Bench in this prov- 
ince, nor for any of the Judges of the l*ro- 
vincial Courts therein, to have or to occupy 
a seat in the Executive Council, nor in the 
Legislative Council of this Province." Now, 
is there any rational being in existence who 
can discover any consanguinity between this 
clause and any part of the Message ? What 
had the seats of the Judges in the Legislative 
and Executive Council to do with their ju- 
dicial independence ? We have already 



ii'8 



bpoken at large on this head, and shall only 
add in this place, that an attempt to deprive 
his Majesty of the right of calling to his coun- 
cils, whom he will, is a direct encroachment 
upon the prerogatives of the Crown, and an 
assumption of an executive power which 
cannot for a moment be tolerated under such 
a Constitution as ours. It would at once 
overwhelm the just balance of a free repre- 
sentative government, checked and control- 
led by a limited monarchy. The second 
clause of this famous bill declares, that the 
Judges shall hold their ofSce " during their 
good behaviour. ^^ But what have the Assem- 
bly or the Legislature at large to do with the 
mode in which the judges are to hold their 
offices ? This is entirely a gift of the Crown 
that cannot be interfered with by the Assem- 
bly without assuming to themselves the rights 
of the Crown. It was not for them to say 
whether the Judges should or should npt 
hold their situations during good behaviour. 
The Message calls for no such legislation. 
It only enjoins the propriety of "o 'provision 
for the retirernent of the judges;'' in which 
case only the minister engaged to recommend 
to his Majesty the apfoiufment of the judges 
of ihis province on the same footing with 
corresponding appointments in England ; 
and in which case only can the judges be fur- 
nished with Commissions during good be- 
haviour. The next three clauses indeed, af- 
fect to establish a permanent allowance for 
salaries and pensions to the Judges. But 
wheac© wero these to come ? Whv? say the 



319 

Assembly, from '• the funds already by laW 
appropriated generally for the administratioa 
of justice and support of the civil govern- 
ment." Surely our readers need not be 
told, that these are the very identical funds 
■whose existence the Assembly at^ncedeny 
and assume to themselves the right to dis- 
pose of ! What infamous tergiversation is 
this ! Were such a measure as this sanc- 
tioned, the judges would be less independ- 
ent than ever. Should these " oppropriate(r^ 
funds be given up to the Assembly, as has 
been done towards the conclusion of the lata 
Session, w^ouid not the judges be obliged 
annually to beg at the door of the House of 
Assembly for their salaries and pensions ? 
Besides, even allowing that no such preten- 
sions had ever been set up by the Assembly 
to the permanent appiopriaied revenues of 
the Crown, these revenues are far from being 
adequate to the payment of the judges ; and 
the object of both the despatch and the mes- 
sage was, not a disposition on the part of the 
Assembly of those permanent funds, but a 
new and different " provision for the Re- 
tirement of the judges according to the scale 
which is adopted in England." But this 
was a distinction which the Assembly could 
not, or would not understand. They had 
long contemplated the hope of being one day 
enabled to render the judges subservient to 
their own popular tribunal, and this, they 
thought, was one step towards a consumma- 
tion so devoutly to be wished. According- 
ly, the sixth clause of the bill ia question^ 



320 

eenstitutes the Legislative Council as a tri- 
bunal competent to try not only the judges 
but every other officer guilty of high crimes 
and misdemeanours. Yet, they forget, that 
whatever instructions may have once reach- 
ed this province on this subject, these wero 
afterwards modified to such a degree as to 
deny to the Council any judicial jurisdiction 
without the express sanction of his Majesty. 
But \vc should be glad to stand face to face 
with the man who dared to say, that even 
the King himself had the right to confer a 
judicial character upon the Legislative Coun-, 
cil without an ace of the Imperial Parliament. 
To talk then of a provincial subordinate leg- 
islature assuming to itself powers which can 
only emanate from the supreme authority of 
the empire, is sheer downright stupidity and 
nonsense ; and such opinions can only be 
entertained by a legislative body pretending 
to an equality of power and authority with 
the Imperial Parliament. Need we be sur- 
prised, then, if the Legislative Council have 
rejected a bill so fraught with innovation and 
veal danger 1 They therefore did right in 
damning it ; and we think that those who 
have found fault with them for doing so- 
such as the Canada Comuiitiee, their min- 
ions and witnesses — ought to be impeached 
as traitors to their country ; at least, as base 
malignant traducers, unworthy of being as- 
sociated with by any wise or high-minded 
people. Such is the state of affairs with re- 
spect to the independence of the judges; and 
such is the fate of the recommendations of 



32 i 

li'm Majesty on a subject, which al)OVO ah. 
others, dcrnarids the serious uttcnlion of u 
free and ea!iji;htencd country ! 

The fjuulijication of Jur-jticcs of the I'cacc 
has been an old and favourite measure in 
the House of Assembly ; but the real object 
in view, is, perhaps, not «o generally known 
as it ought to be. We shall slate it in a hw 
•words. Though more than thrte-fourlhs of 
the whole magistracy of the province* is ac- 
tually composed of native French Canadi- 
ans, yet the Assembly have ever deemed it 
an intolerable grievance that the whole body 
of Justices of the peace does not consist of 
what they term their " Countrymen,'" to the 
entire exclusion of ^^ En^^llsh foreigners and 
strangers.'" They are not content with an 
exclusive legislative power. They must aI>:o 
be possessed of the civil and criminal judicial 
authority of the province. The only mean?. 
■which they have hitherto devised for elTcct- 
ing this object is the fjualljication of Justices 
of the peace ; imagining, that, as the French 
population are the holders and occupiers of 
the greater part of the landed property of 
ihe country, they are alone entitled to be 
called upon to perform the important dutici 
of magistrates. They cannot endure that 
an Englhhman who is not possessed of real 
property, can possibly discharge the duties 

*In the District of Quebec there are 131 
Justices of the Peace ; but of this number, 
only ."30 have English names. The nurnbei- 
of EugUsh ia tho other Districts is much less. 



322 

of a magistrate, however well qualified as t* 
yank, fortune, education, talents and intelli- 
gence. All— all must yield to the jihysical 
strength and qualities of the Country. It 
cannot be endured that a man with an Eng- 
lish face, an English name, or an English 
tongue in his head should sit in judgment 
on a Canadian, or sign a mittimus for com- 
Baitting to "durance vile" a son of the im- 
maculate and renowned " ISation Canadi- 
enne.^^ Such a case as this has always been 
looked upon as the height of insult and ty- 
ranny. Besides, the Assembly must have all 
their own creatures in the magistracy ; for 
who, in their estimation, can be so useful 
and influential at Hustings and other politi- 
cal assemblies, as those in the plenary en- 
joyment of the magisterial functions ? It is 
no wonder, then, if the measures adopted by 
the late administration for purifying thecom- 
missions of the peace, by dismissing those 
who had so wantonly and insolently prosti- 
tuted the dignity and character of the office 
of justice of the peace, struck the Assembly 
with dismay. This was a blow which they 
could not easily recover ; and they have not 
yet recovered it ; but as soon as the legislar 
ture met, and its stunning effects had some- 
what subsided, they lost not a moment in at- 
tempting to right themselves. The Bill 
which they introduced for this purpose, was 
one of the most absurd, barefaced and un- 
constitutional things of the kind we have 
ever heard of. It required all persons ap- 
pointed to the office of Jestiice of tije peac« 



to swear that they possessed a free uniueuiii- 
bered revenue of £100 per onnujn. This was 
an attempt to assimilate the qualifications of 
justices in this province to those in England ; 
though, ignorant as they are, they must have 
been aware that there exists na analogy 
whatever in the circumstances of the two 
countries. It is very true, that in England 
certain qualifications are in force, with re- 
spect to justices of the peace ; and, in partic- 
ular, no one can act asjusticc unless he have 
£100 per annum, clear of all deductions.. 
Bat this is not with a view to ensure the . 
services of men of property of any denomina- 
tion whatever ; but, on the contrary, men of 
education, reputation, rank, and learning. 
Anciently, before the present constitution of 
justices was invented, there were peculiar 
officers apipointed by the common law for the 
maintenance of the public peace. The du- 
ties of those officers were limited to the mere 
conservation of the peace. Their ignorance 
in letters or in law was a. matter of no con- 
sequence, because a good batton and a well 
tempered sword were the best promoters of 
peaceful demeanour ; and he who could 
wield them most dexterously, was considered 
the best guardian of publick tranquillity. 
During the reigns of our earlier princes, a 
*' good Clerk^^ was considered but an inferi- 
or, being compared to a good "^rcAer," andj 
in fact, was a less useful member of society, 
considering the elements and the manners of 
that society. But as mankind became en- 
lightened, as feudal warfare ceased, as com- 



m 



;24 



mcrce extended, and trade flouHshed, the 
laws became iiuraerous aud iatricato ; and 
no man could administer or enforce them, ex- 
cept he who was either learned in the law, 
orendowed by education and research with 
a capacity, equal to the new duties imposed 
upon him. In fact, as early as the reign of 
Edward III. justices became Judges in ca- 
ses of felonies ; and it was then that the old 
conservators of the peace acquired the more 
honourable appellation of Justices. In pro- 
gress of time, the criminal laws became still 
more complicated and voluminous; and, as 
they now stand and arc executed in this pro- 
vince, very few persons can be found in the 
country of sufficient capacity to administer 
them as they ought to be administered. Ca- 
ses wherein the dearest rights of freemen are 
interested come to be decided before the 
justices in all their stages from the first ru- 
mour of complaint to final conviction. The 
personal liberty of the subject is discussed 
before them every day. In their General 
(Quarter Sessions, they are authorized to call 
Grand Juries before them, who are conse- 
quently endowed with the highest powers 
next to legislative authority. Every subject 
being entitled, when accused, to a fair and 
just trial, cases come before these periodical 
courts of the utmost nicety, demanding the 
sharpest scrutiny and the most careful dis- 
crimination. Are we to bo told then that 
these are duties and functions that can be 
discharged by afiy man worth £100 per an- 
num of free income? The thing is a pal- 



pabie absurdity from begianing to ecd. This 
is the first time in the annals of mankind, 
we believe, that intellectual and scientifick 
knowledge has been estimated by acres of 
land and pounds of money. It is, however, 
a false estimation : and will never answer in 
any country whose civilization is such as to 
render its laws a distinct and professional 
study. We know a man in a certain city of 
this province, who is in the receipt of an an- 
nual free income of from two to three thou- 
sand pounds ; but who can neither read nor 
write his own name ! It is enough to dis- 
gust and sicken any one who contemplates 
for a moment the figure which this man and 
bis equals iu ignorance w ould cut on. the 
bench, doling out justice, not according to 
therule''V)f law, but the rule of thumb or the 
ell-wand. For these and other reasons we 
desire to hear no more upon this subject: it 
becomes loathsome to us. If we are xle-'i- 
rous of keeping our criminal tribunals pure 
and unsullied, let us have magistrates of ad- 
equate education and acquirement. These 
are only to be found among the respectable 
English inhabitants of the province, and such 
of the native French ones as really possess 
sufficient education and information. It is 
too soon to introduce the English laws of 
qualification into this province. It will be 
sufficient to do so when the peofile become 
equally well informed, rich, and independ- 
ent. The Legislative Couocii, therefore, 
did right in throwing this bill overboard 
oucc more. 

3P 



126 



As to the discussion which took place in 
the Assembly on the introduction of this 
measure, it was truly worthy of the object, 
and in perfect character with the ends in 
'view. The hue and cry raised against the 
Governor in Chief for the late dismissions 
from the commission of the peace is equally 
unique. But who and what are the individu- 
als who were thus dismissed ? Why, the 
very pests and ofif-scourings of the country ; 
men who, to gratify their own party and se- 
ditious views, prostituted their office and 
fjtation as justices of the peace, and thereby 
forfeited the confidence reposed in their hon- 
f>ur and loyalty by the crown : men who 
stood in open array against the government 
of the country, and sounded the alarm-bell 
of riot and confusion : men who had opened 
their doors to nocturnal meetings of the most 
diabolical nature : men who had turned their 
iire-sides into forums of debating demagogues 
and mountebanks : men who had sullied the 
quiet and privacy of domestick life with the 
hnpurities of faction and discontent : men 
w^io had suliered the unhallowed yells of 
disloyalty and contempt for the metropolitan 
state to ring from morciug till night in the 
ears of their wives, children and servants : 
riien who afTected to be contaminated by 
any association witii Englishmen: and men 
who had bearded the highest functionaries in 
the province with abuse the most degrading 
and insulting. Did not such men at once 
despise the law and the authority with which 
it had clothed thorn ? Did they not from that 



moment in which their evil deeds commenc 
ed forfeitthe important trust reposed in theru 
by their soverei'^n for the preservation of 
the peace and safety of the country ? Who, 
then, dare throw their poisoned shafts at the 
head of his Majesty's representative for pu 
rifying the comn^issiou of the peace of such 
traitors and incendiaries ? Peace is the very 
end and foundation of civil society. Can it 
be endured therefore that those who are en- 
trusted with the maintenance of the publick 
peace, shall be among the foremost ranks in 
destroying it ? The King's Majesty, to use 
the words of Blackstoue, is, by his office and 
dignity royal, the principal conservator of 
the peace within all his dominions; and may 
give authority to any other to see the peace 
kept, and to punish such as break it. How- 
were the men — the justices — in question to 
be punished, except by dismissing them from 
the commissicn ? As ilie office of these 
justices was conferred by the King, so it sub- 
sists only during his pleasure. There is n 
variety ofuays for determining and supersed- 
ing this office ; one of wduch is that which 
was adopted in the present case ; via : a 
new commission, which virtually, though si- 
lently discharges all the foriaer justices that 
are not included therein ; for two commis- 
sions cannot subsist at once.* The powers 
with wiiich the Governor of this province is 
invested on this head, are t^s potent as those 
of the King himself, as will appear from the 

*Vide Blackstone, Vol. 1. p. 359. 



528 



following clause in his commission : — *' And 
we empower you, the said Earl of Dalhou- 
sie, in case any person or persons, having a 
commission, or named by us to any charge 
in our said provinces of Upper or Lower 
Canada, from which they may be liable to 
he removed by us, be in your opinion incapa- 
ble of continuing in our service, to suspend 
or remove such person or persons from their 
diffarent employments, without giving him- 
or them any reason for such suspension or 
removal." Wfaerefore,then the clamour and 
uproar raised against the Governor in Chief 
for the discharge of a disagreeable duty for 
which he was responsible to his King and 
country ? Wherefore this petitioning in the 
part of the dismissed justices to the present 
Governor to be replaced in the Commission ? 
Do they not know, that once they have for- 
feited the esteem and confidence of their 
sovereign, no governor who has any respect 
for the civil institutions of the country or the 
purity of justice, can pardon or reinstate 
them ? Why, then, pester, torture, and tor- 
ment Sir James Kempt with their vile scrawls 
of complaints and solicitations? Let them 
desist, and sink again into that nothingness 
from which they have so prematurely arisen. 
With respect to the character of the de- 
bates which attended the introduction of the 
bill in question, we confess that we feel at a 
loss for language to convey a proper idea of 
the sentiments which we entertain regard- 
ing it. The speech of the Honourable Speak- 
er— for he mint have something to say on 



329 ■ 

aii questions — Is particularly obnoxious t© 
decency, decorum, good sense, and magna- 
nimity. His abuse of the Executive Council 
is downright blackguardism ; and we give 
it in a note in order to convince the world, 
that this man is on a level with the dirtiest 
and most degrading job that can possibly be 
undertaken by the lowest and meanest of 
mankind.* It is true, that no one who knows 
this fellow will be surprised at any thing that 
proceeds from the man. But when we be- 
hold the ^/JcaA'er of the House of Assembly 

* Q^ualification of Justices of the Peace. — The 
House in committee entered upon this bill, 
Mr. Laterriere in the chair. 

T!)e first clause was, that all Justices of the 
Peace should be appointed by the advice of 
the Chief Justice, and his Majesty's Execu- 
tive Council. 

The HoHourable Speaker held it very im- 
proper to entrust the appointment, (or 
what was the same thing) the recommenda- 
tion of Justices of the Peace to the Executive 
Council ; that council carried on its delib- 
erations under the veil of secrecy. They 
were a secret and invisible body to which 
past experience had shown we could not en- 
trust this important duty. In the appointment 
of the Commission of the Pence, the people 
of the Province had been extremely ill used; 
It had been employed to force upon the 
country the discipline under which it groan- 
ed. Dismissions and appointments had 
been made without respect to character, in- 



330 

standing up in his place — throwing oft" the 
high dignity of his office and the sacred re- 
sponsibility of his station — and vomiting 
forth all the bile and corruption of his ma- 
lignant and cowardly heart upon a respecta- 
ble and higly essential body of honourable 
men, every one of whom is his superior in all 
relations and capacities, we have no hesita- 
tion in concluding that the province is posi- 
tively dishonoured, and the government ab- 

iluence, property or ability for the office. 
Every thing was made subservient to party 
purposes. The Executive Council was 
chiefly composed of those who depended en- 
tirely on the Administration and who used 
their office with servility, secrecy and views 
of advancement. Every thing combined to 
make their nominations dependent on the 
caprice of the Governor. In such appoint- 
ments probity, honour, character, respecta- 
bility were disregarded or put into the oppo- 
site scale. Thus men who were fit for these 
offices were disgusted with the company 
they were obliged to keep. No person of 
merit or standing in the country would con- 
sent to hold them. Such offices were de- 
graded. Men who indentiHed themselves 
with the suffering cause of the people were 
expelled and driven into retirement. Up- 
starts unknown and contemned weve sub- 
stituted in their place. Such were the enor- 
mities committed by the Executive under the 
system which we are now called to support. 
— Clnebec Star, of January, 1829. 



331 

soliltely disgraced by the presence of a bein^^, 
so truly loathsome and disgusting. Were 
not the Executive Council degraded in their 
own eyes while such a man mingled amongst 
them? Were not his Majesty's councils 
contaminated even by the approbation of 
such a man ? But he is not noiv, thanks to 
Lord Dalhousie, an Executive Councillor; 
and the country is indebted to that nobleman 
for having erased from the Council book the 
name of a person so little worthy of his ma- 
jesty's confidence. That nobleman knew too 
well that the spirit which governed a Papin- 
eau was inconsistent at once with the hon- 
our of the crown and the real interests of the 
province. He dismissed him therefore, un- 
der circumstances, which, we are certain, 
will ensure his absence from the Council 
board in all time to come, tvlioever may be Gov- 
ernor. Nor is Mr. Papineau a man to be as- 
sociated with by any one at such a place ; 
especially after the mode, and the tone, in 
which he has publickly defamed his Majes- 
ty's Executive Council. He has neither 
amity of manners nor generosity of soul to 
acta proper or dignified part on a stage so 
important; and of him we may truly and 
justly say, Totus injidus est, et aperte rupit 
amicitice jura. 

Out of these proceedings with respect to 
the qualification of justices, arose the m-ore 
serious and alarming measure of expelling 
Mr. Christie, a member of the House of As- 
sembly, as representative of the county of 
flaspe. As thi« is a question ivhich not only 



o'o'Z 



involves aa interesting constitutional poiui. 
but deeply concerns the riglits, liberties and 
franchises of the people, wo will consider it 
in two aspects — frst, whether the House of 
Assembly have a i ight to expel a member in 
any case, and under what circumstances ; 
and, secondly, whether, granting the first 
proposition, there existed just nud sufficient 
grounds for the expnlsion of Mr. Christie ? 
Before doing so, however, we think it proper 
to state, that we know nothing of Mr, Chris- 
tie, personally, that we have no partiality or 
friendship for him, and that whatever wb 
may say with respect to the difficulties in 
which the proceedings of the Assembly have 
involved him, shall be solely dictated by the 
purest regard to the honour of the provincial 
legislature and the best interests of the coun- 
try. ■,. 
I. It must be admitted that no body of 
men, however or for whatever purpose as- 
sociated, can exist in an incorporated state 
for any length of time, unless they are gov- 
erned by certain laws and customs which not 
only serve to constitute, organize, and main- 
tain it in being, but which also invest it with 
a certain authoritative and compulsory ju- 
risdiction over the members that compose it. 
These are rights inherent and peculiar to all 
societies, whether barbarous or civil. The 
•wildest race of Cannibals that ever existed 
have their laws : they have rules, however 
rude, that cannot be infringed, and usages 
that cannot be encroached upon, without in- 
curring penalties and punishments the most 



severe and degrading. Man is, by nuiuvej 
the member of a community ; and when 
considered in this capacity, the individual 
appears to be no longer made for himself, 
lie must forego his happiness and his free- 
dom, where these interfere with the good of 
society. Agreeable to this maxim, every as- 
sem})lage of men, every order has its own 
peculiar rules and institutes of government. 
Tlie army has its orders, regulations, and 
codes of honour : the church has its canons : 
the courts of justice have their laws and cus- 
toms : and the high court cT parliament has 
its own peculiar Law, well known as the lex 
tt consnetudo farliamenti. To each of these 
different laws and customs every member of 
the community to which they severally ap- 
ply, is amenable. But such are the im- 
perfections and weaknesses of ail human in- 
stitutions, that even laws founded on the 
best principles and wisest maxims, may not 
only be exercised with a total disregard ol 
the lights of those who are principally in- 
terosted, but carried far beyond the bounds 
of their legitimate jurisdiction ; thus at once 
. ■T'^cting the original compact between the 
members of the particular body to which 
they apply, and encroaching upoQ the liberty 
and iadepeudence of another community 
over which they possess no authority what- 
ever. Every system, as well of law as of 
every otherscience, musthaveits limits. Na- 
ture hercelf has her laws; and the solar-sys- 
tem, infinite as it may appear to us, has its 
limits i;.ad boundaries, Ja truth, the very 



aim antl ol)ject of laws, is to set bounds and 
landaiarks to the follies and passions of man- 
kind. With regard, in particular, to the 
case before us, it, too, is bounded and cir- 
cumscribed ; and can no more be endowed 
with extraordinary principles of tension, 
than the earth can be driven from its orbit. 
The supreme, sovereign power of this coun- 
try resides in the Imperial Parliament of Great 
Britain and Ireland. Thejurisdiction of this 
high Court is as extensive as its power is 
transcendent, and is stretched over every 
corner, however remote, of the King's do- 
minions. It comprehends Canada as well 
as Westminister, and New-South Wales as 
^vell as Middlesex. Accordingly, it is from 
this supreme authority that we have derived 
and accepted onr civil and political exist- 
ence — our judicial and legislative capacity. 
But the Imperial Parliameut has not confer- 
red, and could not confer on a subordinate 
dependent colouy as this is, all the sovereign 
and uncontrolable authority enjoyed by it- 
self. We are therefore bound, as Aveil in 
duty as allegiance, to exercise the powers 
actually conferred upon us agreeable to the 
jOtter and not beyond the spirit of the deed 
of conveyance by which we were put in pos- 
session of such inestimable rights. W^e are 
bound, to look upon ourselves as the execu- 
tors of a law which we can no more extend 
nor abridge — alter nor destroy, than a com- 
mon court of equity can unite legislative to 
its judicial authority. Neither can we assiimc 
any right, benefit or privilege further than 



those expressly conferred upon us. To 6uj>- 
pose a Colonial legislature capable of exer- 
cisiag, even if it could inherit, the power and 
jurisdiction of the Imperial Parliament,would 
be to suppose a thing which never did, and 
never can, happen. The mere contempla- 
tion of the nature and jurisdiction of parlia- 
ment will he a convincing proof of this. It 
has sovereign power and uncontrolable au- 
thority in making, confirming, enlarging, 
restraining, abrogating, repealing, revising 
and expounding of laws, concerning matters 
of all possible denominatioas, ecclesiastical 
or temporal, civil, military, maritime or crim- 
inal; this being the place where that absolute 
despotick power, which must in all govern- 
ments reside somewhere, is entrusted by the 
constitution of these kingdoms. All mischiefs 
and grievances,operaiions and remedies, that 
transcend the ordinary course of the laws, 
are within the reach of this extraordinary tri- 
bunal. It can regulate or new-model the 
succession to the crown. It can alter the 
established religion of the land. It can change 
and even create afresh even the constitution 
of the kingdom and of parliaments them- 
selves. It can, in sbort do every thing that 
is not naturally impossible ; and therefore 
some have not scrupled to call its power, by 
a figure rather too bold, the omnipotence oi' 
parliament.* The laws, customs, and priv- 
ileges of this great tribunal are equally un- 
controlable and extensive ! The whole of the 



-Blackstoae, Vol. i. p. 173, 



33G 

law and custom of parliament, says Black 
stoqe, has its original from this one maxitD., 
" that whatever matter arises conceirniag 
either house of parliament, ought to be ex- 
amined, discussed, and adjudged in that 
house to which it relates, and not elswhere." 
As to privileges, the same authority tells us, 
that they are very large and indefinite." And 
therefore when in 31 Henry VI. the house of 
Lords propounded a question to the judges 
concerning them, the Chief Justice, Sir John 
Fortescue in the name of his brethren, de- 
clared, "that they ought not to make ans~ , 
wer to that question ; for it hath not been 
used aforetime that the justices should in 
any nay determine the privileges of the 
high court of parliament. For it is so high 
and mighty in its nature, that It may make 
law ; and that which js law, it may make 
no law ; and ihe determination and knowl- 
edi^e of that privilege belongs to the lords of 
pafliaiiicut, and not to the justices." With 
respect to the jurisdiction of the imperial 
Parliament, we have already said, that it is 
as extensive as the empire. It can control, 
limit, and bind the colonies and their legis- 
latures in any manner most suitable to the 
weifa.'-e and dignity of the n:ition. And 
such a goverament as ours, being of the na- 
ture of a civil corporation, has only the pow- 
er, to use the words of the sr.me author, of 
making by-laws for their own interior reg- 
ulation, not contrary to the lav, '^ of Eng- 
land ; *^ and with such rights and miihorities 



337 

<ts are Spfxiai.ly given them in their several 
Charters of Incorporation.^^ 

Now, considering the nature, power, and 
extent of these laws and usages of the'tpl))e- 
perisu ParU'imen: : considering that they iire 
purely incideatal tot'jatbody ; that they are 
not defined and ascertained by any particu- 
lar stated enactiueat, but '' re£i," to use the 
words of Blackstone, " eniirely in the breast 
of the parliament itself ;^^ and that there ex- 
ists no code, no stacute wherein they may 
be studied-— is it possible to conceive by any 
stretch of reasoning or nn;(logy, ihdt powers 
so high and importai)o can .;'ther arise of 
their own accord, or be assuuiod, brevimanv, 
by the subordinate legisj^iure of any colony 
whatsoever? This would be usurpation in 
the highest possible degree, and '^^uch an us- 
urpation us no British subject could tolerate 
for a moment. In particular, the laws anrl 
privileges of the House of Commons gradu- 
ally arose with the strength and imuortancc 
ofthatbody, and were principally created 
for the purpose of guarding them from (he 
arbitrary power of the throne ; and it is a 
certain fact that the most exceptionable part 
of the laws and privileges in. question, were 
introduced and asserted by a house of Com- 
mons, which abolished both monarchy and 
peerage together. Are we then, in this prov- 
ince to be subjected to a dark, mysterious, 
indefinite, arbitrary, and inquisitorial pow- 
er, merely because the House of Assembly 
is a body of similar parts and functions to 
those of the house of Commons ? Impossi- 
filo i The commons are a supreme impe 



338 

jial tribunal ; but the Hbuse of Assembly i« 
a subordinate corporation, subject at all 
times and in all circumstances to the au- 
thority of the imperial Parliameut,frora which 
alone it has derived, or can possibly derive 
its legislative capacity ; that capacity, as 
already observed, being limited and circum- 
scribed by the strictest interpretation that 
icaa be put on the charter or constitutional 
law whicii creates it. Now we have exam- 
ined this law — this act of the imperial Par- 
jiament — with great minuteness from begin- 
Ding to end, and the only power which wc 
tind it confei-s on the legislature of this prov- 
ince is, "to malce laws for the peace, welfare, 
and good government thereof such laws not 
heing repugnant to this act^* It is true, ihat, 
when vacancies take place in the Assembly, 
the Governor or Administrator is empow- 
ered to issue writs for new elections; but it 
IS equally true, and the truth is of considera- 
lile importance, that these writs can only ha 
issued "iw the case of any vacancy which shall 
happen hy the DEATH of the person chosen, 
or by his being summoned to the legislative 
flOMnciZ."f Such a thing as a vacancy caused 
by the expulsion of a member, was never fui 
a moment contemplated. We have seen 
that the only way in which a seat in the le- 
gislative council can be forfeited is by ab- 
sence, treason or death. So, in the assem- 
bly, the only way a vacancy can take plac: 



*Vide Section II. 31 Geo. 3d. 
:Vide Section XVIII. 31 Geo. Sil 



339 

U by death or a summons to the Leglsiatlvt 
Council, To assume therefore the right ol 
expulsion by a mere act of its own, was ;< 
stretch of power on the part of the House o^ 
Assembly which is at once contrary to thp 
]otter, spirit, and intentions of the const! 
tutional act, and destructive of the rights, 
liberties and franchises of his Majesty's Can 
adian subjects. It will be in vain to argue,, 
that without privileges and a certain juris 
diction of the nature of a court of judicature 
it would be impossible for the Assembly tt* 
support its own dignity and authority. J3u 
surely no man is so stupid as to conceive that 
powers and prerogatives can be assumed by 
any body of men without some authority. 
Surely no part of any corporation— and wha', 
is the House of Assembly but the part O; 
hranch of a corporation? can assume any 
rights that have not been especially given to 
them without the consent of the whole ; es- 
pecially when such assumption of power hap 
pens to be prejudicial to the interests of third 
parties. Can any number of the stockhold 
crs. of the Montreal and Quebec Banks en 
act a law excluding any number from a par- 
ticipation in the benefits or profits arising;^ 
from the operations of the Banks? No ! This 
^vould not only be punishing the individual, 
but depriving his relations and*^ creditors of 
their just rights and demands upon him ; 
and, if it were possible that a law of this 
kind could exist, it must emanate from the 
whole, or a majority of the whole, body cor 
porate, under the sanction of the legal tri 



540 

buuals of tlio country Here, then, we re 
vert to our original proposition, that, al 
though it be necessary to the preservation ol 
every society to be endowed with powers of 
self-preservation and a certain jurisdiction 
over the members of which it is coui posed, 
yet it is nevertheless absolutely necessary that 
such power and jurisdiction should spring 
and have its origin /;om the ivhole body of the. 
aociciy, having; indubitable right to invest it- 
self with such power and authority. In one 
word, all we contend for is, that though it 
is but justaud reasonable the assembly should 
possess some of the powers and privileges 
ivhich they pretend to, they cannot maintain 
or exercise them without the sanction of the 
imperial Parliament, or an act of the Provin- 
cial Legislature.'* They cannot take the law 
into their own hands. 'Phey cannot assume 
this power and waive that one, without the 
approbation of the whole body politick. As 
to the laws and privileges of the House of 
Commons, they cannot usurp them. This 
■would be to suppose themselves possessed of 

*The Constitution of the United States 
ivisely declares that, " each house may de- 
termine the rules of its proceedings, punish 
its members for disorderly behaviour, and. 
7vith the concurrence of two-thirds, expel a 
member.'^ We do not find any rule of this 
kind even on the Jour7iah of the House of 
Assembly ; far less in the constitutional act. 
If we did, there could be no dispute on ih- 
subject. 



34 



the iinporia! indepeudeDce of thai Ijousc, ami 
a branch of the supreme legislature of the 
state equal in authority, and consequence, 
instead of a branch of a limited and subor- 
dinate corporation. Wo are therefore firmly 
and decidedly of opinion, that the House of 
Assembly have no rijihf, to expel a member ; 
and that the expulsion of Mr. Christie was 
arbitrary, illegal and unconstitutional. We 
know not whether the Governor has signed 
the writ for a new eieclion for the County of 
(raspc ; but if he has, we must crave leave 
to say, that his advisers have misled his Ex- 
cellency. In similar circumstances his 
friend, »Sir. James Henry Craig, acted other- 
wise ; and rather than perform a deed which 
he conceived to be at once a violation of the 
constitution and de'ifruetivc of the rights i 
and franchises of the subject, he diHuolvtd iho 
legislature. He could not sign a writ for 
which there was no provision in the consti- 
tutional Charter. His words are memora- 
ble : '•'■(jcnllemtn^ 1 cannot, dart not re.ndtr 
myself a par taker in the violation of an act of 
the Jmjjcrial Parliament ; and J know no other 
v;ay by ivhich I can avoid hecwninfr so, but 
that which [ am fjursuinf^.'" Jiut whether a 
writ has been issued or not, the people of 
Gaspe are not bownd to proceed to another 
flection. They have been illegally and ar- 
liitrr^rily disfranched by a mere resolution of 
the House of Assembly, when there was no 
power on earth that could inflict such a pun- 
ishment upon them, except an act of the Inn 
orial I'arliainent, or aa act of the provin 



142 



cial legislature, sanctioned and approved by 
his Majesty or his Majesty's representative . 
If, therefore, men of Gaspe ! you have a 
drop of British blood beating in your veins 
— if you have a spark of British freedom in 
your souls — if you detest from your hearts, 
as I know you do, the idea of being slaves to 
an usurping and tyrannical house of Assem- 
bly— if you wish to secure to your children 
and their posterity the rights and privileges 
of Britons, do not proceed to a new election ! 
We warn you of the consequences ! If you 
do, you will extend your sanction and be- 
come active participators in one of the most 
wicked and despotick acts that ever dis- 
graced any Legislature. Again, we conjure 
you to beware of the consequences. Stand 
by your rights. Petition both the Imperial 
and Provincial Legislatures. Tell them 
boldly that you have been illegally disfran- 
chised by an usurping and factious Assem- 
bly ; and that you wish to be reinstated to 
the rights and immunities secured to you by 
the constitution ; and that, as that consti- 
tution now stands, you will never acknowl- 
edge the authority of any power to deprive 
you of a voice in the laws of your country. 
Know you not that the house of Assembly 
cannot proceed to business without a member 
from Gaspe ? You are of more consequence 
to the councils of the province than you are 
perhaps aware of. Use it, therefore, and 
depend upon it that you will discomfit all 
your enemies. In 1820, the house of As- 
sembly unanimously resolved, " that the 



343 

representation of the province being iacom 
plete, DO member having as yet been return- 
ed for Gaspe, the house was incompetent, 
and could not proceed to the despatch of 
business." You can thus suspend the whole 
legislative business of the country ; and you 
will be cowards and cravens unless you do 
so until you be placed in the same condition 
in which you stood previous to the expulsion 
ofyour representative. Above all, do not 
proceed to another election, and you shall 
have the thanks and gratitude of the coun- 
try for having settled a constitutional point 
of the highest importance to yourselves and 
posterity. 

II. But granting, for the sake of argu- 
ment, that the house of assembly had been, 
fully competent to expel Mr. Christie by a 
mere vote and resolution of their own, we 
maintain that there was no good or solid 
cause for doing so. The delinquency that 
esposeg a man to the contempt and ridicule 
of the world must be great indeed ; that 
which serves to banish him from a society 
supposed to be the first in the country for 
pre-eminence, talent and respectability, ought 
to bo of such a nature as not only to be clear- 
ly and satisfactorily proved in the minds &i 
impartial judges, but to be almost next to un- 
pardonable. But what are the facts of the 
case before us ? We have already seen, 
towards the conclusion of the late adminis- 
tration, how necessary it became to purify 
the commission of the peace by leaving out the 
names of those who had characterised them- 



344 

n.elvesas the enemies of the peace and wel- 
fare of the province instead of what the laws 
intended they should be, its best patrons and 
protectors. On that occasion the chairmen 
of the Quarter Sessions in the three Districts, 
the judges, and, we believe, other respecta- 
ble individuals connected with the govern- 
ment, were directed to give in lists of such 
individuals as they conceived sufficiently 
qualified, by^'rank and conduct, to execute 
the duties of justices of the pyace. On the 
2d of June, 1827; Mr. Christie, as Chairman 
of the Quarter Sessions of the District of 
Quebec, received written instructions through 
the Civil Secretary of the Governor to pre- 
pare his list. On the 8th of the same month 
the list was accordingly prepared and given 
in. On the 5th of July following, the legis- 
lature was dissolved by proclamation. On 
the 14th of August, Mr. Chrisiie, formerly 
law-clerk lo the Assembly, was returned as 
representative for the ( )unty of Ga^■pe, and, 
on the 20th of November appeared in the 
house and voted. On the 15th of Februa- 
ry, 1828, the commission of the peace was 
issued; and the names of certain members 
of Assembly, formerly justices, were not 
found recorded therein.* On tho 2 1st of 
November, 1829, the legislature met agani ; 
and the Committee of the hous<; of Assunbly 
appointed to inquire into the qualification of 
justices of the peace, were instructed to dive 



*We are indebted for these facts to the 
Quebec Mercury of the 21st March, 182i:>. 



45 



deep into the late dismissals, not only bo- 
cause three of their own niembers, who al- 
ways voted against government, were a- 
mougst them, but because Mr. Christie had 
become extremely obnoxious to the house, 
in consequence of having, in the previous 
session of two days, voted with the minority 
against the legality of Mr. Papineau's elec- 
tion as Speaker. This committee, more 
fond of tattles which administered to their 
malice and revenge, than real information, 
discovered through some weak witnesses, 
wli ) had no more idea of the dignity of con- 
duct or the propriety of manners due to the 
situation in which they stood' than a sucking 
pig in a canvass sack, that Mr. Christie had 
a hand in the dismissals in question : ?nd 
that he oven boasted of having bee< the 
means of excluding unsound and seditious 
members from the commission of the peace. 
This was enouj^h for the comm.ittee: they 
held him "by the hip," they thought, and 
'r.ow let slip the bloody dogs •^'f war upon 
their devoted victim. T',e tattles and the 
badinage which were given in evidence be- 
fore the committee were carried triumph- 
antly to the house in a report. The joy was 
now universal. Mr. Christie presented a 
petition, setting forth the injustice that had 
been done to him as a member of the house 
by the ex parte nature of the proceedings a- 
dopted against him— offering to prove the 
falsity of the evidence adduced to his preju- 
dice—and craving a fair trial before be 
house. But tongue had been given: blood 



146 



bad already beea tasted, aod nothiug could 
stop or quell the eagerness of the sportsmen 
in pursuit of their game. The petition was 
declared false, contumelious and vexations, 
and an attack '■'againsV^ the honour and 
privileges of the house. A string of seven- 
teen resolutions were then introduced by 
Saint Vallkres, giving a full and true account 
of the shocking crimes, delinquencies, and 
misdemeanours of the said Robert Christie, 
the cream of which is as follows : 

i:^. That Robert Christie, Esq. a member 
of this House, being Chairman of the Quar- 
ter Sessions for the District of Quebec, was 
commanded by his Excellency, the Earl of 
Dalhousio, Governor in Chief of this Prov- 
ince, in the course of the year IS'i/, to pre- 
pare and lay before him a list of those per- 
sons whom it should to him appear advisa- 
ble to appoint to the office of Justice of the 
Peace, by the new General Commission of 
the Peace for the said District. 

4. That the said Robert Christie, intention- 
alii/, left out of the said list by him made, the 
names of Francois Quirouet, John INeilsou, 
Francis Blanchet and Jean Belanger, Esqrs. 
>vho had been for many years, and then were 
Justices of the Peace f(.r the District of Que- 
bec and meniheys of this House, for the pur- 
pose of causing them to be deprived of the 
Office of Justice of the Peace, on account of 
their opinions and the votes they had given 
in this House. 

10. That in consequence of the List pre- 
pared by the saiil Robert Christie, the said 



347 

1 ranroiH (iu i roue f., John Noil*; on, und tinn- 
t'oin fil?irjr;hct, Mcrnhors of this House, were 
»liHrrii'i'if;<l fiorn iho oHico of Justice of the 
['caco, hy tho last cornrniHsion of the Pcttcc, 
now in force, in and for the District of Ciuo- 
hcc, without any other cansc than their opin 
ions and voteri in the Ifous' , and thai such is 
the (lahtic rurnour and n(»toriety founded 
'Idcjlif on the declaration and lari{.Mia^/j of 
the said fto!)ert Christie, as well before, an 
after the said dismissals. 

11. That the «aid itohert Christie, at the 
time he prepared the said f>ist and advised 
ihc Coverrior in Chief to the said disniis^al"?, 
Avas one of the Members of this House, after 
having been fiefore and up to that time, one 
of the confidential officers of this ITouKe. 

li). That the said Robert Christie is guil- 
ty of hi^h crimes and misfJetneanors, and i>; 
nn worthy the coufidcnce of His MajeutyV. 
Government. 

H;. That the said Robert Christie, is guil- 
ty of a high contempt of this House, and i-; 
unworthy to serve or to have a seal as a 
member thereof. 

]7. That the said Robert Christie be ex- 
pelled this House. 

Now, all thi^ may sound very well, and 
rnay seem very fine to the Assembly, who 
had evidently no other object than to gratify 
their revenge by the expulsion of Mr. Chris- 
tie. I'ut men, e-.pecially individuals corn- 
posing a branch of the legislature, ought to 
bo consistent in their conduct as well as im- 
partial in their judgments. Ry reference to 



348 

the second resolution it will he found that 
JMr. Christie was " commanded''^ to make out 
the list in question. It was surely therefore, 
discretionary with him to name any one who 
might appear to him advisable for filling the 
office of justice of the peace ; and will any 
being, of sense or generosity, say, that a 
member of the House of Assembly ought to 
be expelled, and his constituents disfranchis- 
ed during a whole session of the provincial 
legislature, /o/'i^/te mere exercise of an opinion. 
Not only Mr. Christie, but every loyal sub- 
ject in the country, is ready to declare that" 
the individuals dismissed, to say the least of 
ihem, were very unfit persons to be entrust- 
ed with the King's peace ; seeing that they 
took every opportunity to disturb and en- 
croach upon it in furtherance of their party 
and political views. But what, in reality: 
hns Mr. Christie or the Assembly to do with 
these dismissals ? Even if Mr. C. had, and 
we have no doubt he has, positively and point- 
edly recommended these dismissals, the act 
was not his. It flowed from a higher source, 
and, if illegal, which we deny, that source 
alone is responsible for the consequences. 
But absolutely, this is neither cr/me nor mis- 
demeanour, and is merely an exercise of the 
judgment, or recommendation at most, over 
which*the most immaculate tribunal can hold 
no jurisdiction. In the House of Commons, 
nothing can incapacitate a member but the 
complaint of acritne and proof thereof. Wal- 
pole. Sir Richard Steel, and Wilkes, were 
all accused and proveu to have been guilty 



S49 

of crimes both at common law and customs 
of parliament. But by what law either 
of the province or the legislature, is tho 
charge against Mr. Christie construed or 
magnified into a crime 7 The Justices of 
the peace in England are appointed on the 
recommendation of the Lords Lieutenant of 
Counties, tho Lord Chancellor, and other 
j^reat officers of tho state. It very often hap- 
pens that in new commissions old justices of 
the peace are left out and others put in. Has 
tho house of Commons ever expelled a mem- 
ber for any opinion as to who, or who should 
not bo included in the commission of the 
peace. The king can entrust Lis peace to 
whomsoever he pleases; and we maintain, 
that when the Commons pretend to a voice 
in the nomination of officers of justice, as hay 
been donei in the present case, the rights and 
prerogatives of the Crown will have been 
annihilated and tho constitution destroyed- 
But supposing the conduct of Mr. Christie 
to have been criminal, we maintain with 
equal pertinacity, that the present assembly 
have no jurisdiction in tho case, and thac 
they are incompetent to take cognizance of 
delinquencies committed by any members of 
the last assembly, there having been a dis- 
solution and a new election. The case of 
Mr. Christie is still more clear, because when 
the offence was committed /le was not a mem- 
ber of any Assembly. It will be observed 
that is stated iu the 11th resolution " that 
the said Robert Christie, at the time hepre- 
jiared the said list, was one of the raeinbcrK 
VJ 



350 

of this House." Now, this is a gross and 
palpable falsehood ; for we have seen that 
the list was prepared and given in on the 8th 
of June, 1827 ; whereas the election of Mr. 
Christie did not take place till the 14th o( 
August following! The Assembly have 
therefore stretched and extended their au- 
thority beyond its natural bounds, even if 
legitimate ; and no one can be at a loss to 
conceive the amount of the injustice which 
has been done to Mr. Christie and his con- 
stituents, in order to gratify that spirit of re- 
venge and vindictiveness which has for some 
time characterized the proceedings of the 
Assembly. We warn the province tobeou 
its guard against the assumption of powers 
and privileges which would prostrate the 
rights and liberties of the subject at the feet 
of an arrogant and overbearing Assembly. 
The fact is, that the Assembly have no priv- 
ileges or jurisdiction whatever, and can nev- 
er have, until they are given by the supreme 
tribunal of the state, or enjoyed in virtue of 
an act of the three branches of the provincial 
legislature. Let us not therefore be robbed 
and chained by mere resolutions of the As- 
sembly, otherwise the time cannot be dis- 
tant when our lives and property will be en- 
tirely at their disposal, to the exclusion of 
the voice of the other constitutional branch- 
es of the legislature. During the last ses- 
sion the Governor declared in a Message to 
the Assembly, that he was instructed not to 
f^anction the payment of any sum of money 
for whatever purpose, without an act o,f the 



351 

legislature, lu the name of Freedom Rud 
of Justice, what is a paltry sum of a few 
hundred, or a few thousand pounds in com- 
parison to the rights and franchises of Brit- 
ish Subjects. How is it possible, then, that 
an act, like the expulsion of Mr. Christie, 
characterized as it has beeiv by the grossest 
outrage and violence, and wherein the most 
sacred deposits of a free constitution are in- 
volved, can be enforced without a similar 
proceeding. If a vote or Resolution of the 
Assembly be not good for a hundred pounds, 
surely it cannot be of sufficient authority to 
expel an innocent individual, and deprive 
his constituents of his services. This is a 
point of view in which this subject ought to 
bo seriously considered, and we now call 
alike upon government and people to with- 
stand any attempts of a similar nature that 
may be made to ruin and enslave us. As for 
Mr. Christie, we are surprised that he has 
submitted in such silence and meekness to 
the injury that the Constitution has sustain- 
ed through him. We are surprised that he 
has at all submitted to the dictum of the 
House of Assembly. We are surprised that 
he and his constituents have not long before 
now united in a petition to the supreme tri- 
bunal of the empire, and solicited justice in 
a cause not only clear and just, but in which 
the whole British nation is interested. We 
are surprised that he has not made the coun- 
try ring with his grievances, and introduced 
the house of Assembly to the world in theii 
true characters of arbitrary aad despotic ty 



oj. 



ianl>. If any thing that wo have snld wilJ 
eati to such an issue, our reward shall have 
boon perfected, and the object of those ob- 
servations fully attained. 

This seems to bo n proper place for in- » 
trodueiug all that we have to say, which i» 
only one word on tho subject of the resolu- i 
tions and address of tho House of Assembly * 
to the Governor for abolishing tho ofRco of | 
Chairman ol the Quarter Sessions in the sev- ' 
oral Districts of the province, merely because 
their opinions sometimes clash with junior 
magistrates more subservient to the views 
and projects of tho house of Assembly than 
the Chairmen hapnen to be. Wo rejoice 
that the Governor showed no disposition to 
acquiesce in this fauatick and factious re- 
quest. Tho business of the Quarter Ses- 
sions, which, except in cases of life and 
death, is fully as important as the criminal 
sido of tho court of King's Reuch, could nev- 
er be carried on with credit to the state or 
safety to the subject without ihe aid of Chair- 
men uell versed in the criuainal law of tho 
province : Wc question whotlior twelve lay 
justices can be found in tho whole country 
capable^of charging a petit jury as to tho 
distinctions between a common and justifia- 
blo assault, or between a riot and an'aflVay. 
VVhilo therefore tho province is destitute of 
men of sufficient leisure and inu'ependenco 
totakeapou themselves the whole duty of 
tho magisterial bench without fee or reward 
the Chairmen of the Quarter Sessions must 
be continued in their situatioas ; and to leave 



the maghtracy of such a couatry as thlswilii- 
out head or guide would oe like deprivinj; a 
flock of (ihcep ofilieir shepherd. Hut he- 
sides being chairmen of the Quarter Ses- 
fiions, the Magistrates who fill those stations, 
are also the Police Magifjlratcs of their sev- 
eral Diatrict«, for which they receive no ex 
tra renauncratioa ; and no ono will say, that 
thiit iii an oflJce v/hich any magistrate would 
take upon himself without a regular salary, 
even were the duties of a more agreeable 
uature than they really are, and the province 
capable of affording the necessary leisure 
and talent. We trust therefore that this is a 
subject which will not be repeated, and that, 
the government is alive to the folly and dan- 
ger of yielding up to the Assembly an office 
which they hate because it is useful, and de 
spise besausc it is filled by men of too much 
loyalty and integrity to be partizans of tho 
demagogues of the Assembly. The aboli- 
tion of the situation of Chief Justice of tho 
Court of King's Jicnch would be attended 
with far less difuculties and danger, because 
all the puisne judges are lawyers, and by 
consequence fully adequate to the duties of 
their station w ithout the aid or direction of 
the Chief Justice. We give the Resolutions 
of the Assembly on this subject in a note, iu 
order to shew the futile and general grounds 
on which they found charges of the gravest 
nature against individuals of the highest re- 
spectability, and the sweeping nature of all 
their innovations. 
No one who has paid any atieatiofl to iho 



!ji 



j^orseveranceaad pertinacity widi whicb llio 
Assembly have always souglit the possossiou 
of wliat lias been termed the Jesuits' Estates, 
could doubt tor a inoiueutthat such a session 
as the late 0110 could pass without some steps 
beiug takeu in furtherance of the great ob- 
ject iu view. Accordiugly a Resolution was 
passed, as the foundation of an Address to 
the Governor, setting forth, that the house 
having during the present session voted con- 
siderable sums for the encouragement of 
learning and learned establishments, noth- 
ing could bo more just and reasonable on the 
part of his IMajesty than to place at the dis- 
posal of " his faithful commons of Lower 
Canada the estate of the late order of Jes- 
uits, to be applied to tlio purpose for which 
it was origiualli/ destined, in order that the 
income arising therefrom may be applied to 
tlie purposes of encouraging and dift'using 
education iu this province. Really nothing 
can be more Jesuitical than the frequency, 
character and object of the efforts of the As- 
sembly with respect to the estates iu ques- 
tion ; for, ever since the commencement of 
the constitution to the present day, they 
have not failed to make au annual attack 
upon the rights of the crowu to these es- 
tates ; the first address beiug voted on the 
11th of April, 179;i. Ou6 would think that 
the disiuclinatiou of his Majesty to listen to 
these importunate mendicant requests, and 
his determination nut to yield up these es- 
^tes to the Assembly, confirmed by a posi- 
ureretusal of nearly forty years' standing. 



355 

nvould be sulficiont to prevail upon llie As- 
^eralily to desist from furtlior supplication. 
But it would appear as aslandin}^ maxim of 
this body, that neither right nor favour can 
he too great to be solicited, and that, wiien 
once asked, no concession can he justly re- 
fused. In truth, this seems to he the max- 
un of all those to vviiom too much has been 
conceded. The [)roverb of the beggar on 
horseback is well known. 'J'hc estates of 
the Jesuits produce some small funds: these 
funds the Assembly are desirous of having 
tbe possession and disposal of, because they 
have long thought that all the other pubJick 
revenue of the province has already been 
consigned into their hands. This ij not the 
case, however; and as long as the 14th of 
the King, and the rights of Crown exist, we 
hope there is not an individual in the coun- 
try who is so much a villain as to advise a 
concession that Avould plunge this province 
into irretrievable ruin and destruction. 

The Assembly have foolishly enough im- 
agined, that, because the Jesuit Missiona- 
ries sent to Canada look upon themselves the 
education of a few Canadian illegitimate 
children and some young savages, the lands 
which were given ^o them were destined to 
defray the expense of such education. This 
is a proposition than which nothing can be 
more preposterous; and if we can shew that 
the Jesuits did not and could not hold any 
real property in Canarla, wo think it will bo 
an easy matter to provo that the ^^ original 
ifc.ftination''^ of the estates io question could 



356 

not bo for the purposes of cducatioti, niad 
<'()ii.so(iuonlIy, huviij;; hocoino vostocl in his 
Majosty by rif^-ht ofcoiiqutsl, his Majesty in ay 
dispose of thoin an ho thinks proper. In 
fact his Majesty has hithorto donoso; and 
allhoii;:;!! ho has doomc<l ii noilhor wise uor 
prudent loo throw tho produce of the huidsof 
tho Jesuits into the voraciouH maw of the 
Assmnbly, ho has graciously and fi;onorously 
loft it in tho province to be disposed of, tow 
nrds the onconrajijouiont of education and olh 
or charitable osiublishnionts.by heatlsas wi»io 
and hearts fully as conipas<iionate as those 
<»f a self-sulliciont and arrogant popular As- 
sembly. 

Our first and boat authority on this ini 
portant question is SirJaincH Marriott, whose 
able and |)rofouud arguments we shall ninko 
use of instead of our own ; boin{; assured 
tlwit any one who peruses them will bo con- 
vinced of tho insolence and folly of tho claims 
of the Assembly. These argumouts will be 
found in a letter from this able civilian to 
the Attorney and Solicitor (jieneral*' of Eng- 
lantl itv May, 17()r>, on a reference by tho 
Karl of llalifaxt bin Majesty's principal sec- 
retary of state, of tho case of the Jesuits in 
Canada. 

" Resides tho Jesuits of tho less observ- 
nucc, who are to be found in t)veKy part of 
the world, concealed a};onts of tho society, 
laymen as well as priests, persons who have 
been married as well as those who have 



Messrs. Norton aud Dq Grey. 



157 



iicvor married, and of all coiulitious and 
cniployrijcnts of lifo, (tFio wholo order 
aniounuu'^ to twenty thoiixaiid men in iho 
year 1710, an(i liricc irinrcaHod in proportion 
to iho ontcrjjriiin;^ ^<;niuH of that, socicly m 
iho counio of half a century) tlio known coni- 
tnuuitios of the Je»uit-j ia Canada were tho 
Missioriw. Tho Missions ucro properly 
Kpcaking, drauj»ht« from tho houHoji of th^j 
professed ; (nf^reoahiy to tho plan of thi-j 
order, foiinflcd Ity a military man upon rniii' 
tary prin(:Jplo.H)---t!iey are engaged hy tho 
J'ourth vow to i^o to any part of tho world 
where the Pono or his (General shall send 
them, non 'pi-li.iio vialMo. The rniwifms aro 
so called in their instilulo in dislirjtlion to 
the houses of the profesMod, and from tho 
houses of tho novic-ialcH and colleges. Tho 
missiouv, like the professed aro all under u 
vow of poverty, and mendicants by institu- 
tion, and, as tho professed hold estates in 
IruHt for the noviciates anfl coilcfreH, and tho 
rest of tho society, havin;; nothing for them- 
selves, otherwise than indirectly, (for they 
never beg notwithstanding their institute) »o 
the missions, who aro detached from tho pro- 
fessed, hold c.'>tates in the same manner. If 
tho estates arc donations, then they are held 
for -juch u'ifiH a^ the i'aiinii'HH, by yrniil, {^ift 
or devise, shall have directed and for such 
other uses as tho father-general ahall direct ; 
inasmuch as all donations aro constantly ac- 
cepted by the order, ;ind ratified l»v'f'e (Gen- 
eral, with this sficcial salvfi, comuiXiiy known 
and supitoaed to be acquiesced in by the do- 



358 

uors or their representatives, ita tamen ut in 
omnibus instituiii ratio serveiur. And if the 
estates are acquired by purchase out of the 
surplus of the funds destined ad libitum by 
the general for the support of the colleges 
out of the profits arising from commerce or 
personal industry,then the missions hold these 
estates for the benefit of the whole society, 
wheresoever dispersed over the whole world, 
but united under one sovereign head domi- 
ciled at Rome, whose power over his whole 
order being unlimited he is the sole proprie- 
tor, and, as it were the heart of the whole 
body, into w^hich and from which, all prop- 
erty has a constant flux and reflux by a cir- 
culation ofthe system in all its parts. So that 
the estate of the society must be considered 
in the possession of one man, the general of 
the order, who is always by birth an Italian, 
an actual subject ecclesiastical and civil of 
the Roman pontiff; upon whom he acknowl- 
edges a kind of feudal dependence rather 
than an implicit obedience, (the father-gen- 
eral having sometimes resisted,) and being in 
some respects independent, even of papal 
authority being in all other relations an ab- 
solute sovereign over his own vassals, who 
are independent of every civil Government 
under which they reside ; to which they can- 
not be united in a civil essence by nature of 
their institute, without ceasing to be what 
their institute makes them, a distinct nation 
in the midst of nations, and an empire in 
the midst of empires. As all other regulars, 
according to the canon law, are servants of 



:59 



thedr monastery, so the iadividuals of the so- 
ciety of Jesuits, according to their institute 
are the servants or rather slaves of their or- 
der and according to the rule of law, by which 
quid quid acquintur servo acquiritur domino, 
they have rio property at all. 

*• It is remarliabie, that the order, (of 
which the province of France makes but a 
very small part) has been only tolerated pro» 
visionally in that kingdom, and upon proba- 
tion of good behaviour, without ever having 
had any legal complete establishment as a 
part of the ecclesiastical and civil constitu- 
tion of the realm. The general of the order 
has constantly refused the conditions of the 
original admission made by the acts of the 
Assembly at Poissy of the Galilean Church, 
and has also refused the conditions of the 
re-admission of the society on • the same 
terms after their expulsion, (which re-ad- 
mission was granted by the royal edict in 
virtue of a treaty between the crown of 
France and the papal see) because the terms 
of re-admission were radically subversive of 
the whole order. To the original acts of ad- 
mission all subsequent edicts in their favour 
have had a retrospect. So that the arret of 
expulsion remained always liable to execu- 
tion ; and the . members of the order were 
merely as inmates, occupants of houses and 
lands in France, and in the extent of the do- 
minions of that crown, subject to resump- 
tion. 

" From all these premises it seems con- 
clusive that the titles of the society passed. 



loO 



together with the dominions ceded to Great 
Britain, (in which dominions these posses- 
sions were situated) attended with no better 
qualification than the titles had by the laws 
and constitutions of the realm of France, 
previous to the conquest and cessions of 
those countries. But it seems further to he 
clear, that those titles are now in a worse con- 
dition since the conquest and cession : for 
till that period they were only in abeyance, 
and suspended upon a principle of proba- 
tionary toleration; but by virtue of the nat- 
ural law of arms and conquest of countries, 
confirmed by acts of the law of nations, by 
solemn cession and guaranty, the possessions 
of the society lost of course all civil protec- 
tion by the fate of war ; but much more so 
by the only power, whose authority and in- 
tervention could have preserved the proper- 
ty of these possessions to their supposed own- 
ers, having withdrawn its tolerance and pro- 
tection, and deserted them, as a derelict at 
the mercy and entirely free disposition of the 
Crown of Great Britain, by making no pro- 
vision in the articles of cession to serve the 
pretended rights of the community of Jes- 
uits ; nor indeed of any other ecclesiastical 
community, which latter might have been 
under a more favourable view, having civil 
being, and each hoiise possessing a separate 
property, distinct from others of the same 
order ; wherieas the order of Jesuits, contra- 
ry to all other regulars, is one indivisible or- 
der, aggregate indeed by its own institute, 
hut not incorporated by the laws of France ; 



561 



and the father-general never haviop: been an 
inhabitant of Canada, nor a subject of the King 
of France, he could not retire and avail him - 
self of the fourth article of the definitive trea- 
ty, nor sell his estates, nor withdraw his ef- 
fects within the time limited. In a few words 
the society of Jesuits had not and cannot 
have any estate ia Canada, legally and com- 
pletely vested in them at any time and there- 
fore could not and cannot transfer the same 
before nor after the term of eighteen months, 
so as to make a good tide to perchasers, ei- 
ther with or without the powers or raiifica- 
tiou of the father-general, who, as he could 
not retire, so he cannot retain any posses- 
sions in Canada, since the lime limited for 
the sales of estates there, agreeably to the 
terms of the treaty : because he is as incap- 
able of becoming a British subject as be was 
of becoming a French subject ; nor can the 
individuals of the communities of the Jesuits 
in Canada taiie or transfer what the father 
general cannot take or transfer; nor can 
they, having but one common stock with all 
other communities of their order, in every 
part of the globe, hold immoveable posses- 
sions, to be applied for the joint benefit of 
those communities which are resident in for- 
eign stales ; and which may become the en- 
emies of his Majesty and his government. 

"Whoever the persons are who occupy the 
possessions in question, they must be under- 
stood to hold the same as trustees for the 
head and members of the one indivisible so- 
ciety, and political body of Jesuits, of ec- 



162 



clesastical and temporal union, forming ac- 
cording to their institute, one church and 
monarchical government,with territorial ju- 
risdiction independent of all citil authorities 
under which the members of the society are 
occasionally dispersed, and without stability 
of d'omicil ; and that such trusts are there- 
fore, from the very nature of this institution, 
inadmissible by the law of nations and of 
all civil governments; they are void both in 
law and in fact, because there is no legal cor- 
porate body civilly established to take the 
use ; but an alien sovereign, and aliens his 
subjects, who were and are utterly incapa- 
ble, by the very nature of their institute, of 
any civil existence. The possessions, there- 
fore, of the society of Jesuits in Canada, in 
every view of the case, are lapsed to his Ma- 
jesty by right of conquest and acquired sove- 
reignty ; by dereliction of the supreme pow- 
er itself of whose good pleasure the posses- 
sions were lately held, no provision having 
been made by them for it in the act of ces- 
sion ; by the want of an original complete 
title in a body incapable of legal taking, hold- 
ing, and transferring ; by the nature of de- 
fective trusts founded upon such defective 
titles ; and by the non compliance of the 
order with the provisional terms of their re- 
admission, as probationary occupants, only 
jjro tempore, into the dominions of France, 
domiciled in the person of their father gen- 
eral at Rome, subject to the execution and 
effect of the arref which was passed by the 
original tribunals for tiieir expulsion iu 1594, 



363' 

to which they are still liable, for cever hay 
ing observed, but openly rejected the condi- 
tions of their first admission, which are the 
conditions of the second, and farther are lia- 
ble, ipso facto, "whenever they should be hurt- 
ful and dangerous to the realm. 

" The distinction which the Jesuits have 
endeavoured to set up, between the Colle- 
ges and the order, is neither supported by 
fact, nor by the institute of the society. For 
it appears from all the foregoing proofs of 
their institute, that there is one chain of de- 
pendence ; that the Colleges are not distinct 
as communities from the body ; that the pro- 
fessed Religious hold in trust for the Colle- 
ges ; and, therefore, the conclusion is, that 
if according to their own confession the Re- 
ligious of the order of Jesuits are not receiv- 
ed as persons capable of a civil existence, 
they are incapable of the Trusts, and then 
the Colleges are incapable of the uses. Thus 
every thing built upon the foundation of this 
anomalous society, falls to the ground to- 
gether. And it is no wonder, that an insti- 
tution which seems contrived, with a subtle- 
ty more than human, to subvert the laws of 
every country ecclesiastical and civil, should 
find in the laws of every country an obsta- 
cle to its establishment." 

Now, these are arguments which the As- 
sembly will not and cannot comprehend. 
But education is not the real object of the As- 
sembly, but money and poioer for party-pur- 
poses, as may readily be perceived by any 
who has paid the least attention to the fac 



3G4 

tious cupidity, with which ihoy have evei 
pursued every scheme caculated to give force 
or weight to that exclusive system of gov- 
erninent which they have so long aimed at. 
The refusal of his majesty to renouuce all 
control over the estaiesof the Jesuits, formed 
a prominent feature in the petitions of griev' 
auce presentedjlast year to the King and par- 
liament ; and the petitioners had the singu- 
lar audacity to draw a parallel between "Za 
vnmijicence des Rois de France'* — the munili- 
ceuce of the Kings of France — in giving a- 
way these estates, and the stuborn parsimony 
of his Britanuick Majesty in withholding 
them from their original destination." This, 
we think, was carrying the freedom of pe- 
titioning as far as it could decently be car- 
ried ; and, without wailing to express an 
opinion of conduct so gross and insulting, 
we beg leave to ask the Canada Committee, 
^s it has been called, on what grounds they 
have presumed to recommend the surrender 
of the Jesuits' estates, while they admitted 
and "lamented that they had not more full 
information?" As we do not think that the 
Canada Committee will be able to give a 
satisfactory answer to this or any other ra- 
tional question that may be put to them from 
this side of the Atlantick, we shall conclude 
this part of our subject by merely observing, 
liiat as the Jesuits could at no period, and 
under no civil government hold any immove- 
able property in Canada with any kind of 
destination, and, at all events, as their lands 
l>ecorae vested iu the King by right of con- 



4ae5t, so his Majesty and his goveromeHt 
will do well never to surrender these lands 
to the Assembly until, by the cultivation of 
different sentiments upon this and a variety 
of other questions, they prove themselves 
vrorthy of a tj-ust the value and importance 
of which they do not at present seem to com- 
prehend. 

In the same resolution the Assembly pray 
** His tiXcellency to take into his serious con- 
sideration the a^arw excited among the in- 
habitants by the report spread abroad on 
subject of the property of the Church of St. 
Sulpice, at Montreal, which tended to create 
a belief, that the property which this estab- 
lishment has quietly enjoyed under his Ma- 
jesty's government, for more than sixty 
years, might pass into other hands." This 
is, indeed, great cause of alarm to such a 
body as the house of Assembly, who cannot 
conceive why any establishment supposed 
subservient to themselves, however bad their 
title, should be disturbed, even the length of 
giving offence to prejudices the most rooted 
and bigoted. We maintain that the Church 
of St. Sulpice has already remained too long 
jn the undisturbed possession of property 
which does not, and never did, of right, be- 
long to it ; and, if not positively dangerous, 
nothing can bo more blighting to the real 
happiness and posterity of a state especially 
a commercial one like ours, than extensive 
territorial property being held by ecclesias- 
tical communities. Bodies of this descrip- 
tion ought never to be allowed to possess 



\66 



property, except for the maintenance of theis' 
own sacred institutions ; for, to say not a 
word of its incongruiij', nothing can be more 
detrimental to the rights and energies of an 
enterprising secular people than the shackles 
of religious communities. Th.'.e can bono 
sympathy between them. The one is grasp- 
ing the other free and generous : and noth- 
ing can possibly reconcile them but a separa- 
tion bounded by a just distinction of their 
.individual avocations and pursuits. Mon- 
treal has suffered much, both in wealth and 
prosperity from the pretended Seignorial su- 
premacy of the Church of St. Sulpice ; and 
the sooner that supremacy is withdrawn and 
placed in the legitimate possession of his 
Majesty, the better for all parties, and the 
country at large. No clashing is so harsh as 
that of clerical and secular interests when 
they relate to matters of this world ; and it 
behooves every good christian and citizen to 
avoid it. It is this that has brought so much 
misery on mankind ; but we hope the con- 
flict is over. Ancient Rome was destroyed 
by faction and tyranny : modern Rome by 
avarice and bigotry. We believe the church 
of St. Sulpice herself is not unwilling to re- 
sign any pretensions that she may have had 
to secular property in the island of Montre- 
al ; at any rate, the candour and liberality 
•with which she has entered into negotiations 
with his Majesty's government on this sub- 
ject, do her infinite honour. It would be well 
for the interests of the province at large if 
the house of assembly possessed one grain- of 



S&7 

}ier meekness chrlstaiii forbearance and mag- 
nauimity. If this were the case we should not 
be under the necessity of corabatiag, as we 
are now about to do, the unfounded preten- 
sions gratuitously set up by the Assembly on 
the part of the church to the property in 
question. Our arguments we shall draw 
from the same source as those with respect 
to the estates of the Jesuits ; and, we have 
no doubt, with equal success as to the result. 
"It seems to be pietty clear, says Marriott, 
in his plan of a code of laws for the province 
of Canada, that any religious communities, 
who, as principals at tbe time of the conquest, 
were not Inhabitants^ resident in person, do 
not fall under the privilege of the Capii'M/a- 
tion, nor come within what is termed by tho 
civilians, the casus fcsdris., so as to retain the 
property of their estates under it; because 
they were not then the local objects to whom, 
as a personal consideration for ceasing their 
resistance and on account of their particular 
courage or distresses, the conquerors granted 
terms of special favour ; neither could they 
retire according to the treaty and if they 
could not retire, they could not take away 
their persons and estates; therefore, if it is 
true in fact, that any estates are now held 
under the grants of foreign religious com- 
munities, either in under tenancy, or in trust 
for them, or by deputation such as the Jesuits 
and the Ecclesiastics of the Seminary at St. 
Sulpice at Paris, that fact is very impor- 
tant. The community of the latter are the 
temporal lords of the most fertile part of 



368 

Caaada, and a city dedicated to the Virgia 
Mary ; they have an influence there equal 
to the power of the Italian Clergy in the state 
of the Church or campagna di Roma. 

*• The parishes in the isle of Montreal and 
its dependencies, says Charlevoix, are still 
upon the ancieutffooting of moveable priests, 
and under directions of the members of St. 
Sulpice. They possess a fine and improv- 
ingestate of eight thousand pounds sterling a 
year at Montreal, and which will in a few 
years be worth ten thousand pounds. If all 
the facts are clearly established, as stated, 
it is a great question of law, whether these 
estates are not now fallen to your Majesty, 
of whom the under-tenants and possessors 
must be intended to hold them as trustees, for 
such uses as your Majesty shall declare. 

" It is in proof l)y several deeds of estates, 
(it is immaterial whether before or after the 
conquest) that the religious living in the 
seminary of Montreal are merely negotiorum 
gestores ; they are so described in several 
instruments of conveyance, which Mr. Ma- 
zeres has perused in the course of business. 
The conveyers are said to be Fondez de lu 
'procuration de Messieurs les EccJesiastiques 
du Seminaire de St. Sulpice a Paris. It ap- 
pears according to Mr. Lothbiniere's own 
words, that before the conquest the semina- 
ry of St. Sulpice at Paris, was a voluntary 
partnership among a number of clergy at 
Paris, who had engaged together in buying 
and selling ; that the joint house at Men - 
real had a share in the joint house at Paris, 



369 

in a sortof morcantilo way and an opeo ac 
count. That after the conquest they disolv 
cd the partnership, because the house at Pa- 
ris could not have any right after the con- 
quest in the effects and estates in Canada ; 
they at Paris (says Mr. L.) transferred (what 
therefore they could not transfer, having at 
that period, as ho admits, no property in the 
estate, and only a share) the whole in Mon- 
treal to the religious there, who probably 
were not (vraisernblablement,says Mr. Loth- 
biniere,) attornies of those at Paris; and this 
was done by the latter upon paying a com- 
pensation, being the difference of the account 
upon a balance. This, after all, is oui dire, 
as he says be has heard and believes ; and it 
stands against the evidence of Mr. Mazeres, 
if it were contradictory ; but it approves 
manifestly, that the Religious at Montreal 
have only a coloured and ostensible title. 
There is also the evidence of a gentleman of 
undoubted veracity and knowledge, who 
having had transactions with father Magul- 
phi, the person acting in the colony for the 
community of St. Sulpice at Paris, with a 
view to some purchase, the real proprietors 
w^ere forced to come forward, and the un 
certainty of the title broke off the negotia- 
tion. The evidence of Charlevoix alsomay 
be added. In 1657, says he, the Abbe Q,ue- 
lus returned with the deputies of the semi- 
nary of St. Sulpice at Paris, to take posses 
sion of the island of Montreal, and to found 
a seminary there. IJy tho French law it is 
clear, that no persons, aliens not being nat 



170 



uralized can hold lands ; so that by right of 
conquest, agreeable lo Mr. Lothbiniere's own 
idea, for want of owners domiciled at the 
lime of the conquest, these estates may be 
understood in point of law to he fallen to the 
Crown in righ t of Sovereignty. 

We have thus, we think, also made out a 
clear and strong case against the Assembly 
30 far as respects their pretended right of su- 
perintendence over tha Church or Semina- 
ry of St. Sulpice at Montreal. We have 
proved, that whatever the "■ alarm,^^ of the 
Aisembly maybe in consequence of the "re- 
forts spread abroad,^^ \a Ye\&lioQ to this sub-- 
ject the crown has a just right both by con- 
quest and inheritaoce not only to enter into 
any negotiations that it may think proper 
with the present occupiers of the temporal 
property of the seminary, but to assume the 
actual possession of that property with as 
little delay as the forms of legal proceedings 
c^u admit of. When this is done, ihe As- 
sembly will find how vain and weak it is in 
them to presume to arbitrate gratuitously in 
every matter and thing ia which the rights 
of the Crown, or the interests of the sub- 
ject may be concerned. This, perhaps, is 
one of those claims which ^Sir George Mur- 
ray does not conceive ought to be yielded to 
the Assembly or their adherants. At least, 
ive have no doubt it will be found to be so in 
the long run. 

Connected with this subject are the Res- 
.olutions* voted by the Assembly with res- 

■ The House in Committee passed the fol- 



371 

pect to the waste lands of the crown in the 
neighbourliood and District of Three-Riv- 
ers. These lands, but especially that part 

lowing resolutions, which were reported to 
the House and concurred in, and an address 
voted to His Excellency founded on them. 

Resolved, 1. That throughout the greater 
part of the tract of country on the north side 
of the River St. Lawrence, extending from 
about five leagues above, to about five leagues 
below the town orborougij of Three-Rivers, 
the lauds conceded, settled, and partly under 
cultivation, be within the distance of one 
league or less from the said river, reckoning 
from the bank thereof to the rear of the said 
lands, and that the concessions extend to a 
somewhat greater distance only in the fiefs 
and seignores of Tonnancour or Point du 
Lac, of Cap Magdeleine and Champlain. 

2. That the tract of country on the north 
side of the river lying in the rear of the lands 
now conceded, settled, and partly cultivated in 
the vicinity of Three-Rivers and in the seign- 
ores aforesaid, there is found immediately ad- 
jacent a tract of land of more than sixty 
square leagues, •which would be susceptible 
of being cleared, cultivated, and settled, if it 
were conceded to the inhabitants and actual 
settlers of the vicinity of Three-Rivers, who 
have for a long time past prayed for grants 
of land in the said tract, and who have up to 
the present time vainly endeavoured to ob- 
tain them. 

3, That the obstacles presented to the set- 



372 

of tliem comprised in the lease of the Forges 
of St. Mauric^ seem a great eyesore to the 

tlement and cuftivationof this tract of l%pd 
have essentially impeded the progress of in- 
dustry, and above all that of agriculture in 
the district of Three Rivers, and of the re- 
sources of the town or borough «f^ Three- 
Rivers in particular. 

4. That one of the most powerful of these 
obstacles is the great extent of land, com- 
prised in the lease of the Forges of St. Mau- 
rice. 

5. That it is necessary to take immediate' 
steps for the removal of the obstacle to the 
granting and clearing of this tract. 

6. That it would be expedient to adopt 
measures to promote the settlement of that 
portion of the Province lying north of Que- 
bec, now under the name of the King's posts, 
now uncultivated,by making grants to actual 
settlers, and for the purpose of encouraging 
free trade and industry therein. 

Mr. Viger, reported the following answer 
from His Excellency to the address on the 
subject of the waste and unconceded lands 
in the leases of the Forges of St. Maurice 
and King's Posts : 

Gentlemen : — Having every desire to pro- 
mote the cultivation and improvement of the 
province, you will assure the House of As- 
sembly that my attention shall be given to 
the removal (as far as may depend on me,) 
of any impediment! that mav appear to me 
to exist to the formation of tfew settlements 



S7S 

House of Assembly. But the reason is oh 
vious. Perhaps the Assembly conceive that 
iheirelectioueering influence is act sufficient- 
ly extensive in that part of the country. Yetj 
wittiSut having recourse to the Ahnanack, 
we believe that the Solicitor General is tius 
only Constitutional member returned by 
Three Rivers. But this is enough ! . The 
House has"*often felt the vi'eight of Mr. Og~ 
den's metal : it has too long been writhing 
under it ; and too frequently blenched from 
the force of his opposition and raillery. Wc 
are not, however, sui^ciently acquainted 
with the village politicks of that part of the 
province to enable; us to go into details. Ir; 
ss enough for us to know, that nothing W'hich 
the art, the intrigue or the perseverance of a 
faction can effect will be left untried by the 
Assembly in order to gatin possession of all 
the influence and power vested by the Con- 
stitution and the rights of conquest io the 
2rown. The resolutions set forth, that there 
is a great scarcity of land in the neighbour- 
tiood of Three Rivers, and that nothing has 
tended more to inapede the progress- of in- 
dustry and agriculture in the District of Three 
[livers than the obstacles presented to tho 
ietilement of the crown-lauds, but in partic- 
ular those comprised in the lease of the For- 
ces. Now, nothing can be more absurd and 

n the tracts of land mentioned in this Ad 
Iress. 
Castle of St. Lewis, ? 
March 3d, 1889. < 



374 

iii-founded ihau such a statemetit. Com 
pare for a inomeat the amount of the pojDU- 
latioD of the District iu question uith the 
extent of its territory, and you will see at a 
glance, that, were the population a hundred 
times more than it is, there would he an ad- 
equate and sufficient quantity of lands with- 
out any interference with the crown-lands 
and those belonging to the Forges, which i; 
a mere bagatelle comparitively speakinp; 
Look abroad towards the Townships am 
Jjehold the vast extent of uuconceded territory 
lyiup; waste and idle there. But the croivdcv 
population of Three Rivers will not travci 
so far ; the English language is spoken there ; 
the roads are too bad, and that Demon of the 
woods, Judge Fletcher, will immolate on 
the altsr of justice every man who does not 
properly respect the laws ! Oh no ! The 
Canadians must have lands at thei: cioors 
whenever they want them ; they must not 
—they cannotleave the old seignioral neigh- 
bourhood ; they mrsthave the oncicnt tenure 
mi^ les aecGursde la Religion,* and the c .res 
themseives, Ilka true pastrol guprdiaxis «"aii- 
iiot consent to a separation from their il )'. ks, 
as any one who peruses their letters to the 
special committee of the Bouse ci'Asserjbly 
on the crowm lands will clearly see. "Do 
any of the labouring classes go and establisii 
themselves iu the Townships conceded in 
vree and common soccage, and if t>:ey do 

*Vide Letters des cures printed by the As- 
sembly in 1823, 



not, to what, cause do you attrlhute it l" say 
the Assembly. '' Maoy of my young men," 
answers tiie cure of St. Aiiiie, "go and es- 
tablish themselves in the seigniories of the 
Districts of Montreal and Three Rivers ; but 
I kno->v of none who have established thom- 
seives in the Townships. This I attribute, 
iu my humble ojiicion, to two principal rea- 
sons, first, because of the distance they woukl 
find themselves from religious assistance (lef 
occours de la Rtligion ;) and, secondly, be- 
cause of the tenure and conditions of th-'-; 
concessions ia free and common sooeage!'" 
The cure of St. Joachin, after alluding to tiic 
litter privation in the Townships of all re- 
ligious assistance, says "because, as thing- 
are there, they oould not have a Catholic es- 
tablishment ; but it would not be so, wert' 
these crown lands conceded in Fiefs.'''' Tho 
Cure of Narville ^'epbrts, that many are afraid 
of taking lands i.: ho Tc vnships ^'•fromthc 
dread of expatriating themselves. The -words 
which a Cure of the name of Paincliaud 
puts into the month of his people are re- 
markable ; "It is christian prudence thus to 
expose the salvation of our children ? — It is 
notorious that every advantage is for the 
Protestants, and every disadvantage for us ; 
let MS DO longer be told that the Government 
is just and Impartial !" The Cure of St. 
Roch des Auleots says, " We should have 
to submit to pass our whole life among Stran- 
gers, brought up differently from ourselves, 
and possessing a different religion from ours.'" 
'^ We would rather see ouv children aiuays 




\7Q 



■pQor, or at a great distance from us, if only 
settled in a Seigniorie, than to see them 
loaded with riches in the midst of such dan- 
gers 10 ihe'iv education and religion.^'' *'The 
Canadians will not settle in the Townships," 
says the Cure of St. Genieve, " until they 
can be assured of having French Canadians 
for neighbours, with whom ihey could freely 
communicate." The Cure of Boucherville 
says, "that the Canadians must not be drown- 
ed among too great a number of Strangers.''^ 
The Cure of St. Leon speaks boldly and 
without reserve. Alluding to the times pre- 
vious to the conquest, " he characterizes 
them as " those happy times— that golden 
age of Canada." We know not how old 
this venerable father of the church liiay be ; 
but we presume, that, like the Apostle Paul, 
he was born as a man out of due season. 
*' In those happy days," continues he, " the 
colonists were attached to their king and 
country ; hut now it is quite the contrary /'^ 
We shall only add the words of one more 
Cure, who says, " the few young men who 
take new lands, prefer them close to their 
parents and friends however bad the soil 
may be !" 

What a dreadful system of ignorance, 
prejudice and bigotry is this ! Is there any 
other country under heaven where such a 
state of things could be tolerated ? Is it pos- 
sible that this province can prosper while 
such is the spirit that governs at once the 
people and their instructors? They will 
have no lands at a distance, but must be pre- 



sented with them at the doors of iheir fa- 
thers, and that en Seigniore! What apathy 
— what indolence — what thorough-going in- 
difference to enterprise and; independence 
whilst thousands from other countries cross 
seas and traverse continents — abandon for 
ever tb© country of their birth, the soil of 
their fathers, their religion, their laws and 
all the endearing ties of kindred and friend- 
ship in search of what the Canadians refuse 
and despise even in their own native country 
and at their doors. This has been the bane 
of this province ever since it has been a prov- 
ince. Afraid to lose sight of the hearth 
whereon they were born, the people have 
burrowed together on the margins of the 
lakes and rivers, like so many rabbits and 
beavers until the community has at last be- 
come so numerous as to leave little more room 
for a family than thearea of the wretched hut 
which shields them from the inclemency of 
the weather. Nor will any thing induce 
them to remove to a distance in order to 
make room for one another, and establish 
their families on a new and wilde'* range of 
industry and enterprize. Nothing ministers 
more to this unfortunate state of things than 
that hideous and destructive law of partition 
which prevails in the country — a law which 
at once annihilates the moderate laudable 
ambition natural to man and that spirit of 
honesty, freedom, and independence of seig- 
nioral and ecclesiastical rule which should 
ever characterize an agricultural people — 
acd a law which, we sincerely regret, has 



578 



not been more particulnrly referred to by 
ihe true friends of Canada in the late dis- 
cussion of our affairs in parliament. Al! 
writers agree in deprecating this law ; and 
nothing has been more detrimental to the 
French Colonies, as an obstacle to the clear- 
iagand cultivation of more lands, than the 
law of partition, as it now exists in this prov- 
ince. Its injurious effects are so strongly- 
painted by the Abbe Rayyial, that we cannot 
refrain from citing his opinion and observa- 
tions at large as conclusive on this subject. 

" It is scarce credible, that a law, seem- 
ingly dictated by nature ; a law which oc- 
cur? instantly to every just and good man ; 
whichleavcs no doubt on the mind as to its 
rectitude and utility, it is scarce credible. 
ihatsuch a law should sometimes he prejudi- 
cial to the preservation of society, stop the 
progress of colonies, divert them from the 
end of their destination, and gradually pave 
the way to their ruin. Strange as it may 
seeiii, this law is no other than the equal di- 
vision of estates among children or co-heirs. 
This law, so consonant to nature, ought to 
be abolished in America. 

" This division was necessary at the first 
formation of colonies. Immense tracts of 
land were to be cleared. This could not be 
done without people ; nor could micu who 
had quitted their own country for want, bo 
any otherwise fixed in those distant and de- 
sert regions, than by assigning them a prop- 
erty. Had the govei'nment refused to grant, 
them lauds, they would have wandered a- 



379 

bout from ouo place to another ; they would 
have begun to establish various settlements, 
and have had the disappointmeut to find, 
that none of them would attain to that degree 
of prosperity as to become useful to the 
Mother Country. 

'•But since inheritances, too extensive at 
first, have in process of time been reduced 
by a series of successions, and by the subdi- 
visions of shares to such a compass as renders 
them fit to facilitate cultivation ; since they 
have been so limited as not to lie fallow for 
^vant nf fjauds proportionable to their ex- 
tent, a further division of lauds would again 
reduce them to nothing. In Europe, an ob- 
scure man who has but a few acres of land, 
will make that little estate more advantage- 
ous 'o him in proportion, than an opulent 
man will the immense property he is pos- 
sessed of, either by inheritance or chance. 
In Araei-ica, the nature of the productions, 
■which were very valuable, the uncertainty 
of the crops, which are hut fe^v in their kind; 
the quantity of slaves, of cattle, of utensils 
necessary for plantation ; ail this requires a. 
large stock, which they have not in some, 
and will soon w^ant in all the colonies, if the 
lands are parcelled out and divided more 
and more by hereditary successions. 

*' If a father leaves an estate of thirty 
thousand livres, or £1312 lOs. sterling, a 
year, and this estate is equally divided be- 
tween three children, they will be ruined if 
they make three distinct plantations ; the 
one, because he has been made lo pay tao 



380 

mucli for the buildings, and because he ha? 
too few negroes, and too little laud in pro- 
portion ; the other two, because they must 
hmU\ before they can begin upon the culture 
of their laud. Tliey will all be equally ru- 
ined if the whole plantation remains in the 
liands of one of the tbree. In a country 
whore a creditor is in a worse state than 
any other man, estates have risen to an im- 
moderate value. The possessor of the 
whole will be very foriunato if he is obliged 
to pay no more for interest than the net pro- 
duce of the plantation. Now, as the pri- 
mary law of our nature is the procuring of^ 
subsistence, he will begin by procuring that 
Avithout paying his debts. These will ac- 
cumulate, and he will soon become insolv- 
ent ; and the confusion consequent upon 
such a situation, will end in the ruin of the 
whole family. 

*'Tho only way to remedy these disor- 
ders, is to abolish the equality of the division 
of land. In this enlightened age, govern- 
ment should SCO the necessity of letting the 
felonies bo more stocked with things tbari 
with men. The wisdom of the legislature 
will, doubtless, find out some corapensatioa 
for those it has injured, and in some meas- 
ure sacrificed the welfare of the community. 
T/ie;v ought to he placed on fresh lands, and to 
subsist by their own labour. This is the only 
way to maintain this sort of men; and their 
industry would open a fresh source of wealth 
5,0 the state." 

This is true philosophy ; yet the system it 



doprccatcs is that which obtains throughout 
iho whole of the seigoioral hiu<]s in this prov- 
ince ; and, however desirable, no attempt has 
hitherto ever been made, by the introduc- 
tion of primogenial laws, or otherwiHC, to 
get rid of an incubus which retards indus- 
try and presses the people to the very dust- 
But besides the evil effects of this law in res- 
pect of industry and cultivation, its demoral- 
izing consequences are doubly alarminp;. 
There are many parishes and seigniories in 
this province, wliich, twenty or thirty years 
ago, were occupied by a sober, industrious, 
and moral yeomanry, who are now in con- 
sequence of the partition laws, infested with 
a rabble peasantry the most dissolute, dis- 
sipated and indolent — a brood of young ras- 
cals who are too lazy to work and too proud 
to beg — who destroy the peace of society by 
the evil efFects of idle habits, and break the 
liearts of their very parents by claims the 
most wanton and unjust upon their lands 
and other property. We appeal to every 
lawyer in the province, whether it is not 
a common thing, arid almost a matter of 
every day's occurrence, to see father and 
son, mother a ri,d daughter, in hostile and 07)- 
posing attitudes on cither side of the bar ? 
if this systetn continue, by the young men of 
the country being either prevented or dis- 
couraged from establishing themselves at u 
distance from their fathers on free and com- 
mon soccage lands, this province from be- 
ing the most peaceful and moral in the Brit- 
ish empire, will become tho most wretched, 



S84 

Crown, ia all the might of its power nod 
prerogative, could not do this, without hav- 
ing recourse to a process so tedious, and 
measures so dilatory as at once to ruin the 
"works and destroy their acknowledged utility 
in the country. But, fortunately, the senti- 
ments of the crown are no more in unison 
with those of the Assembly with respect to 
this subject than many others ; and the in- 
tegrity of the lands around St. Maurice has 
ever been an object of care and attention on 
the part of government. Every governor 
who comes to the country is instructed to 
this effect. This the Assembly are well a~ 
w^are of, for their own journals bear witness 
of the fact ; and, therefore, no one can be at 
a loss to discover at once the insolence and 
impudence of their beggarly addresses with 
respect to tiiese lands. The following are 
the Instructions to Lord Dorchester ; and 
tliough we have no access to the archives at 
Quebec, yet we believe we are correct in 
asserting that the present instructions are in 
the same terms : '• And whereas it appears 
from the representations of our late Governor 
of the District of Three-Rivers, that the 
Iron Works of Saint Maurice, in that Dis- 
trict, are of great consequence to our service ; 
it is, therefore, our will and pleasure, that 
'iio part of the lands -jpon which the said Iron 
Works were carried on, or froni Avhich the 
ore used in such works are procured, or which 
shall appear to be necessary and convenient 
for that establishment, or for producing a 
necessary supply of wood,'coru and hay, or 



for pasture for cattle, be granted to any pri 
vate person whatever ; an'.', also, that as large 
a District of land as conveniently may be ad- 
jacent to any lying round the aaid Iron Works 
over and above what may be necessary for 
the above purposes, be reserved for our use, 
to be disposed of in such manner as we shall 
hereafter direc: and appoint."* We think 
it would be quite superfluous to say more on 
this topick. 

We have aiieady said somewhat on the 
subject of the education ; and were about to 
treat of it more at large in this place in de- 
fence of the lioyal Institution from the ca- 
lumnies of the House of Assembly; but at 
the moment the (Quebec Gazette of the IfJth 
of April, containing a most able and excel- 
lent document on this sulrject, was put into 
our hands, which wo anake no apology for 
pre'eoting entire to our readers. They will 
learn from it, that there is no institution, 
however pure and respectable — no charac- 
ters, however sacred and unimpeachable, 
that can escape the malice and derision oi 
the Assembly. Will the country never learn 
the extent and danger of the pretensions oi 
this faction ? The following is rhe substance 
of the document alluded to, as addressed by 
the Board of the Royal Institution to His 
Excdkncy Sir Jaraes Kempt. 

It commences by stating, that the Board 
of the Royal Institution for the advance- 



*Vide Journals of the Assembly for 1823 
Appendix T. 



384 

Crown, ia all the might of its power and 
prerogative, could not do this, without hav- 
ing recourse to a process so tedious, and 
measures so dilatory as at once to ruin the 
•works and destroy their acknowledged utility 
in the country. But, fortunately, the senti- 
ments of the crown are no more in unison 
with those of the Assembly with respect to 
this subject than many others ; and the in- 
tegrity of the lands around St. Maurice has 
ever been an object of care and attention on 
the part of government. Every governor 
who comes to the country is instructed to 
this effect. This the Assembly are well a~ 
ware of, for their own journals bear witness 
of the fact ; and, therefore, no one can be at 
a loss to discover at once the insolence and 
impudence of their beggarly addresses with 
respect to tliese lands. The following are 
the Instructions to Lord Dorchester ; and 
though we have no access to the archives at 
Quebec, yet we believe we are correct in 
asserting that th? present instructions are in 
the same terms : " And whereas it appears 
from the representations of our late Governor 
of the District of Three-Rivers, that the 
Iron Works of Saint Maurice, in that Dis- 
trict, are of great consequence to our service ; 
it is, therefore, our will anil pleasure, that 
710 part of the lands 'jpon which the said Iron 
Works were carried on, or froni which the 
ore used in such works are procured, or whicli 
shall appear to be necessary and convenient 
for that establishment, or for producing a 
necessary supply of vvood,~cora and hay, or 



385 

for pasture fur cattle, be granted to any pri 
vate person whatever ; an<! also, that as large 
a District of land as coavenientlj' may be ad- 
jacent to any lying round the said Iron Works 
over and above what may be necessary for 
the above purposes, be reserved for our use. 
lobe disposed of in such manner as we shall 
hereafter direct and appoint."* We think 
it would be quite superfluous to say more on 
this topick. 

We have already said somewhat on the 
subject of the education ; and were about to 
treat of it more at large in this place in de- 
fence of the Royal Institution from the ca- 
lumnies of the House of Assembly; but at 
the moment the (Quebec Gazette, of the 16th 
of April, containing a most able and excel- 
lent document on this subject, was put into 
our hands, which wo inake no apology for 
pre?enting entire to our renders. They will 
learn from it, that there is no institution, 
however pure and respcctal)le — no charac 
ters, however sacred and unimpeachable, 
that can escape the malice and derision of 
the Assembly. Will the country never learn 
the extent and danger of the pretensions of 
this faction? The following is rhe substance 
of the document alluded to, as addressed by 
the Board of the Royal Institution to His 
Excellency Sir James Kempt. 

It commences by stating, that the Board 
of the Royal Institution for the advance- 

*Vide Journals of the Assembly for 1823: 
Appendix T. 



3 So 

niont of Learning ia this proviooe, sensible 
of the iuiportauce of their not being allowed 
unjustly to su'ier in public estimation, and 
aware, at the same time, that injurious and 
imfonnded impressions have been propagat- 
ed ahroad respecting theh' principles and 
proceedings, and have found admission with- 
in the halls of Legislation — feel it incum- 
bent upon them to approach His Excellency, 
in the aesire to lay hefore him a simple state- 
ment of facts, and in the consciousness ibat 
such a statement is all the advantage which 
they can wish for, when appealit^g ro a judge' 
whose impartiality and candour arc so well 
known to the public at large and so fully ap- 
preciated by ihcniselvcs. 

The animadversions Vvhich have been 
passcc] upon the Board, amount in brief to 
ihis — that their p- ocoediugs have been cha- 
rncterized by aa exclusive- spirit as it re- 
gards dilYerence3 of Religious belief; that 
tbvy ire thriDselves in a great measure per- 
sons in charge of the interests of the Church 
of EuiL^land, and that it has been their aim 
and siudy to rendv^.r the interests of Educa- 
tion '.vhich constituted the direct and proper 
object of their duties, an engine to subserve 
their parly views. .- 

These are reflections of n: rave description; 
— but they have been often cast and as often 
convincingly disproved, and as an answer 
to them in a general way, the Board have 
sil :nii^ed tu His Excellency the following 
cxtr.-Jt from a Petition addressed to His Ma- 
jesty in the year ISSj. 



c)d/ 



EXTRACT. 

••That however deeply youi* Majcvi/h 
Petitioners may deplore the alienation ofTeel- 
iugo which is here," (i. e. lu public documents 
to which the allusion is made,) shewn to sub- 
sist, they have the fall consolation of reflect- 
ing that in all the proceedings connected wiih 
their Institution from first to last, ihey have 
D8ver once either individually or collectively, 
alTorded the slightest ground for any suspi- 
cion or distrust of their designs. 

'• That if it so happens that that part of 
the corporation of the Royal Institution 
■which consists of Ecclesiastics, is exclusive- 
ly Protestant, the failure of your iMajesty's 
gracious iatentious. in this point, is in no 
way whatever, ascribable to your Slajesiy's 
Petitioners, — the Bishop of the Roman Ca- 
tholic Church in Canada, having, in the first 
instance, assigned as impediments to his ac- 
ceptance of the trust, some scruples of ecu- 
science which your Majesty's Pelitioners are 
perfectly ready to respect, but the effe-cts of 
which they esteem it solne hardship to find 
visited by any other party upon themselves. 

"That if it also happen that aniongst the 
Parish Schools w^hich are under the control 
of the Royal Institution in this Province, and 
supported by the annuaK bounty of the Le- 
gislature, those in ihe Ptoman Catholic Pa- 
rishes are reduced to a small number, whicL 
is still diminishing, and are falling on' from a 
flourishing condition,— the cause is to be 
found in the operation of similar scruples ia 
the minds of the Cures, who are known to 
be unffieiidlY to a connexion with the lusti- 



388 

tiition, aud wlio bave, one by oue declined 
the office of visitors of the schools, whic!) they 
have been invariable requested, in duo form, 
TO accept, and which would have placed ia 
their hands the iinniediato controul and sur- 
veillance of the schools in their respective 
parishes. 

•'That, nevertheless, in this Institution 
which is aHlrined to be so constituted as to 
oreate jealousy aud alarm among the great 
body of your Majesty's subjects in this Pro- 
vince, there were, before the recent death of 
the Hon. A.J. L. Duchesnay, whose succe.s- 
sorhas not yet been appointed, no less than 
seven Roman Catholic Members, among 
whom is the Speaker of the House of Assem- 
bly itself c.ro/^/"c/o, aud the late Speaker, who 
is still a Member of that House, and that, so 
far from liaviog afforded room for any sus- 
picion of projected interference with Reli- 
gion or indirect influence upon'it,your Majes- 
ty's Petitioners have uniformly felt it to bo 
their duty to guard, in the most scrupulous 
manner against the shadow of such a suspi- 
cion and they challenge the most rigorous 
scrutiny that can be instituted upon the sub- 
ject; that they have refused the appointment 
to a school in one of the Roman Catholic 
Parishes to a master whose native tongue 
was French, upon the sole ground of his be- 
ing a Protestant, and that they committed 
exclusively to the Members who belong to 
the Roman Catholic Church, the framing of 
the Regulations for ihe Schools of that com- 
munion. 



189 



• That under all these circumstance?, 
Your Majesty's Petitioners hum'jly conceive 
it to he desirable that they should be exone- 
rated from all charge or control of the llo- 
inaa Catholic Schools — a charge which has 
exposed them only to unmerited odium and 
afforded to them no opportunity of useful- 
ness : a charge, however in the execution of 
which they have faithfully done all that was 
in their povrer. 

" That they therefore pray your Majesty 
to provide in such other manner as to your 
lloyal Wisdom shall seem best, for the general 
superintendance of the Education of your 
Majesty's Roman Catholic Subjects in the 
country parishes of this Province, and to ex- 
tend your bounty for the extrication of Your 
Majesty's Petitioners from the state of em- 
barrassment and destitution in which they 
are placed." 

To these statements which were laid before 
the Throne, the Board beg permission, with 
reference in particular, to a letter addressed 
by a private Clergyman in the country, ther; 
recently from Europe, to a Schoolmaster 
in the year 1823, and very lately produced 
as evidence of their disposition to render 
Education instrumental to Proselytism, — to 
add their assurance to His Excellency that 
this very letter was at the time proved to 
have been written vv'ithout authority and un- 
der erroneous information wholly contrary 
to the facts of the case, and that means of sa- 
tisfaction were furnished upon this point, in 
ihe very quarter froa which the charge has 



390 



now proceeded. The proof that such a 
charge was unfounded had been lodged in 
the hands, which broughi the documeat for- 
ward to support it — and the Board can only 
express their surprise and regret,that the au- 
thor of the charge could have retained his 
original impressions upon the subject. 

An opportunity is here taken by those 
Members of the Board who happen to be Ec- 
clesiastics of the Church of England, to de- 
clare that they are far from wishing it to be 
understood that they can for one moment 
be indiiferent to the rights and interests of 
the Protestant Religion or to those oft'aeir 
own immediate Communion, but they have 
uniformly felt that, as Members of the Roy- 
al Institution they act in a distinct capacity, 
and in the discharge of a trast imposing ob- 
ligations with which their own particular 
views should no otherwise mix themselves 
than as it is imperative upon them to provide 
for regulating the religious part of Educa- 
tion, among those who profess an adherence 
to their own Church. And they call upon 
those who are suspicious of their designs to 
produce a single example in which they have 
deviated from those principles, or endeavour- 
ed to exert the smallest indirect or improper 
influence in the fulfilment of their public 
duty. 

That His Excellency may better judge of 
the correctness and candour which have cha- 
racterized the representations respecting 
their proceedings, the Board crave leave, in 
the first place, to refer to a paper anaexed 



591 



to their representations, (vvhicli is also hero 
subjoiDed,) in which they state each specific 
accusation that has been pubicly brought 
against them, (as far as they are informed,) 
with distinct and specific answers on each 
poiwt ; and they fartiier proceed to lay be- 
fore His Excellency, a few particular instan- 
ces which may serve, among oihcr proofs, to 
refute the principal charge against them, — 
thai in the discharge of their pubHc trust, they 
have shewn an exclusive spirit and an undue 
preference for the Established Church. 

In the year 1824, they recommended to 
His Excellency's predecessor in the Govern- 
ment the appointment of Mr. Norman Mc- 
Lood, a Catechist of the Church ofScotiaud^ 
to the charge of a School at Williamstowii 
in the Seigniory of Beauharnois, — a charge 
which he still holds: and in the year 1827, 
they procured in a similar way Sir- G. W. 
Bruce, a Minister of the Scotch Seceding 
Church to be appointed to the School atNew 
Loogueil, and Mr. Gardener Bartiett, a 
preacher of the Baptist Persua'siouV to a 
School in the Township of Potton. In ad- 
verting to this part of the subject, the Board 
have mentioned the fact, as worthy of re- 
mark, that no less than IG Petitions to the 
Legislature praying that provision should be 
jnade for the continuance of the operations 
conducted by the Board, were recently sent 
down from the Eastern Townships, signed 
by 387 persons of all Religious Deuomina- 
tioas who concur in stating their entire sat- 
isfaction with the management of the Schools 



392 

nod tlieir earnest desire that it moy uot pass 
into other hactds. 

The Board declare themselves to have felt 
these reflections the more,-— ;/ns^ because 
they are publicly staled to have proceeded 
from persons holding seats at the Board, and 
thence possessing the means of acquiring a 
correct knowledge of the facts, from whom, 
consequently, it might rather have been 
hoped that they would prevent or correct er- 
roneous impressions, than sufler themselves 
to become instrumental in diftusiug them ; 
and, secoihUy, because the Board are pre- 
pared to shew that through a series of difli- 
cultios and discouragements they have suc- 
ceeded in cflectiuff great and undeniable 
good, in the promotion of Education, chiefly 
among the inhabitants of the more newly es- 
tablished parts of the J*roviuce, who com- 
manded the smallest means for effecting 
that important object themselves. They 
conclude by saying that " Through evil re- 
port and good report" they have held their 
even course — correcting many abuses, — sup- 
plying many destitute settlements, — render- 
ing as diftusive as was practicable the re- 
sources placed at their disposal, — and pro- 
gressively advancing in the confidence and 
respect of the people where their endeav- 
ours have been suffered to take effect. — And 
in this course, so long as they are enabled 
by the countenance of His JVlajesty's Gov- 
ernment and the Provincial Legislature to 
proceed at all — tiiey assure His Excellency 
that, with the blessing of Providence, J^ 
will persevere to the last. 



SOS 



ALLEGATIONS AGAINST THE ROV 
AL INSTITUTION. 

I . " That for the purposes of Pro3clytI<>m 
'• the Royiil Jnstitutioa have attempted l<> 
'* force Protestant Schoohna^steris ou the Ko 
"man Catholic Parishes." 

Aravjtr. — Tfie Royal IrjstitutioD have nev- 
er sent Protestant fcchoolinasters to thf; 
Schools in ibe Canadian pari'fihes, or where 
the tna.jority of the children to be taught 
w6ro of the Roman Catholic persuasioa : 
but they have felt themselves perfectly jus- 
tified in sending Protestant schoolmasters to 
leach in places where there Vt^ere a suflicient 
number of Protestant children to form a 
school, although there might also he Roman 
Catholic children in these places : such in- 
stances however have been very rare ; and 
there are perhaps an cjual number of cases 
"tvhere they have sent Roman Catholic mas- 
ters to schools where there was an intermix- 
ture of Protestant children. Of the twelve 
schools in the Canadian and Roman Catho 
lie parishes which fell under their superio- 
tendence. there is not one to which ihey 
have appointed a Protestant master : if it 
be alleged, that they have sent Schoolmas- 
ters of the Church of England to schools 
where there were many cijildren of dissent- 
ers, the Royal Institution aver that they have 
indifferently appointed Protestant master- 
to schools of this description, without con- 
sidering of what particular persuasion they 
might be, and without regard to any othe. 



394 

fjualification or recornmeudation litati llicir 
moral fitness aud their attainments, nndthat 
in some instances they have actually ap- 
pointed Dissenting Ministers as masters of 
these schools. 

2. That the Royal Institution have not 
allowed the inhabitants of the country any 
influence in liie appointment of Masters or 
of Trustees, or in the management of 
schools." 

Answer. — The Royal Institution have al- 
ways nominated as Trustees such persons 
as the inhabitants recommended, or whcrq 
there; v/as no such particular recommenda- 
tici:., the most respectable and influential 
among those who have applied for the es- 
tabli/jhraent of schools. In the nomination 
of ScOoolmasters, it has been their rule to 
j;ive a preference among candidates, to such 
as were recommended by the people, ifoth- 
ej-wi^e well qualified ; they have even in 
some cases appointed persons upon such re- 
commendation alone, wboai they did not 
consider as in all respects the fittest; and 
they have cancelled appointments of School- 
masters, for no other reason than that they 
were not acceptable to the inhabitants, 

3. " That they have required the Masters 
appointed by them to use in their schoolsj 
the religious formularies of tho Church of^ 
England." 

Answer. — By one of the Standing Rules 
established by the Board, Schoolmasters are 
required, where there is no Church in the 
place, to read on SuDjlays to Protestant 



395 

(•Iiildrcn only such portions of the Service o» 
the Church of England as should be pre- 
scribed by tbe Board : it will be adaiitted, 
that in such remote situations as this rule 
has in view, some provision for the religious 
observance of the Sabbath is dc Jrablo : that 
for this purpose the use of some formulary is 
better than to leave it to the discretion ol 
the Schoolmaster, lo pray or to preach what 
he pleases ; and that it is only in the Church 
of England that such a formulary is to f)e 
found, containing prayers in which all chris- 
tians may join, and a selection of parts and 
passages of Scripture suitable to all place-j 
and ail understandings ; but the Board have 
never rigidly acted upon this rule, nor have 
the masters generally conformed to it, and 
the rule itself did not contemplate a com- 
pulsory attendance even of Protestant chil- 
dren, whose parents should on conscientious 
grounds object to it. 

4. " That they have mismanaged the 
funds entrusted to them, that education has- 
been retarded by ihcm, and that they have 
done more harm than good." 

Answer. — In 1819, xvhen the Royal Insli- 
t iuon was incorporated thirty-three schook 
which had been previously established by 
Government, under the act of 1801, fell un- 
der their superintendence. It appears by 
returns laid befrre the House of Assembly 
in 1621, that the number of scholars in those 
schools did not exceed 1200, and that the 
salaries paid by the Province to the School- 
masters amouDtsd to more ihau /^2000, cuv- 



396 

reiicy. Uuder the management of the Roy- 
al Institution, the number of schools has in- 
creased to 84, the number of scholars to up- 
wards of 3700, and yet by the economy which 
the Board have practised, no larger sura is 
drawn from the public chest for the support 
of these schools, than before. 

5. " That the Board feeling at last their 
total inefficiency, have now sought the co- 
operation of the Roman Catholic Clergy, 
and Laity, after long struggles on the part of 
the Roman Catholics to obtain a share of 
influence in the education of their children." 

Answer. — This allegation is attributed Xb 
a member of the Board, who knows that the 
Board sought the co-operation of the Roman 
Catholic Bishop and Clergy, from the very 
commencement of their labors; but ttat 
having failed in obtaining it, they long ago 
manifested their desire to be relieved from 
the charge of Roman Catholic Schools ; 
^hat, in consequence of this desire, he him- 
self in 1823, with the privity of several mem- 
bers of the Board, and of the Roman Cath- 
olic Bishop drew a Bill for establishiag a 
separate corporation, consisting of the Ro- ' 
man Catholic Bishop and other members of 
the Roman Catholic Clergy and .Laity, for 
the exclusive superintendence of Roman 
Catholic Schools ; that this Bill was sub- 
mitted by the late Governor in Chief to His 
Majesty with a strong recommendation, that 
it should be adopted, which recommendation 
w^as rejected ; that in 1826, as soon as this 
rejection was known to the Board, they 



S97 

again sought the co-operation of the Ro- 
man Catholic Bishop and Clergy, by pro- 
posing to the Provincial Government an ar- 
rangement for the formation of a separate 
Roman Catholic Committee of the Board, 
and in promoting tljat arrangement, they 
have made every concession that has been 
ask!3d on the partof the Roman Cathoh'cs. 

6. " It is further alleged, that the Roya^ 
Institution has lost the confidence of the 
country." 

Ansiver. — As long as the Roman Catholic 
Clergy shall continue their opposition to the 
labours of the Board, or ■withhold their sup- 
port, the Royal Institution must feel and ad- 
mit that they cannot, have the confidence of 
the Roman Catholic population, but that 
they have enjoyed the confidence and have 
secured the gratitude of the rest of the pop- 
ulation of the country, is abundantly proved 
not only by the rapid increase of the number 
of schools under their superintendence and 
by the applications for new schools which 
they are constantly receiving from all parts 
of the country ; but the direct and unequivo- 
cal expression of that confidence and grati- 
tude, in numerous Petitions vv^hichhave been 
recently addressed to the Assembly, signed 
for the most part by Dissenters in the Town- 
ships expressing their entire satisfaction with 
the measures of the Board, and deprecating 
as a public injury any attempt to abridge 
their resources or labors. 

In the name of heaven, let these brawling 
Romaa Catholics have a Ptoyal Institution 
^ 22 ■ - 



m 



«f their own, and teach their brats accord^ 
m^ to their own notions aotl tenets. It is 
invaia to "rnagiue thai they will ever joia 
the present institution whilst they have the 
House of Assembly to advocate their cause. 
Any Institution, whether Royal or Plebeian, 
having the Bible ancl the English language 
for its oV)joct, may lay its account to perse- 
cution in this province; ancl may be assured 
of having overy obstacle thrown in its way 
that an ignorant people, and ajealous factious 
House of AsscLu.Iy ,^an array against it. But 
are we BriUsh suhjecty and Englishmen, in- 
habiting a British colony, having the Habeas 
Corpvo as the guardian of our persons, and 
the British C^>nstiturion as the sheet-anchor 
of our liberty, to be told, that, in all Institu- 
tions of lear'iiug, the language of Frenchmen 
ar/l 'tn Alien u?Jtioo is to have co-equal, if 
not paracnoi.pi impoitaDce attached to it ? 
We scout the degrading; idea with scorn and 
contempt; and therefore trust, that whether 
the Cansdians got a Royal Institution of 
their own or not, there will ever be in this 
province an establishment having for its pri- 
mary objects the in.«'^ruction of the English 
Language, Loyalty to the King., Attachment 
to the C'iistitution, ond the Dissemination of 
the Scriptures of Cod ! 

The conduct of the Assembly with regard 
to ♦^he Militia Bill, was no less assumptive 
of judicia' authority than destructive of the 
jus* prerog&tJvft of the Crown. The Militia 
iforceof tl'i Province was first organized in 
virtu© of Ordiaances passed in 1787 and 



399 

; oS>, by llie Governor ^.m] Council of Que- 
bec. These Ordinances coijtijjued to be the 
law of the country upon this imponani sub- 
jeci until 1793, i^'hen, during the second ses- 
sion of fbo first Provincial Pailiauietit. an 
Act was passed repealing the Ordijiances, 
and noaking such furdier provision on the 
subject as the situation of the Province rea- 
dered necessary ; but ihis act was a tempora- 
ry one, and ceased on the first day of July, 
1796. This Provincial Statute was renew- 
ed from time to time till 1802, vvh-^n by a new 
act passed, me Ordinances of 1787 f/ud 1789 
wtre again repealed. This is proof positive 
that these Ordinances were always consid- 
ered as permanent laws by thj IjCgisH+Mre, 
and would ever continue to be so in ihe ab- 
sence of any subsecsnive lav/ depriving them 
expressly of their force, vigour and ex- 
istence. Therefore, as no staiute vhs ever 
passed subsequent to this second repealing 
act having any tendency to disturb tl'^ prin- 
ciple established by it, nothing can be more 
clear, than that the instant any future Miii» 
tialaw shouM expire, the Ordinances were 
naturally, and as a matter of course, resus- 
citated. Injlfact, all the succeeding acts were 
temporary acts, founded on the second re- 
pealing act of 1802. In 1SU7, the Militia 
Bill sent up by the Assembly to the Legisla- 
tive Council, contained a clause foreign to 
the Bill, whereby a separate act containing 
an appropriation of money for payment oi 
the Militia Staff was declared to be nuil and 
void though not repealed. A Bill so fraught 



400 

with danger, and contrary to the King's In- 
structions, could notconstitulioually be sanc- 
tioned by the Legislative Council ; and it 
was accordingly amended and returned to 
the Assembly, who refused to proceed on it. 
The consequence was, that when the tem- 
porary Militia acts expired, the Ordinances 
revived : and had the Governor-iii-Chief, 
Lord Dalhousie, not pvan due notification 
of this event to the publick, and, in his ;>f- 
ficial capacity, called the attention of the 
Province to these Ordinances, the country 
would have been wholly deprived of the 
most necessary and constitutional safe-guard 
known under our Constitution of Govern- 
ment. Nothing can be more demonstrative 
of the true character of a people than tlieir 
obedience to the laws. Nothing reflects 
greater honour on the character of the peo- 
ple of this Province than the readiness with 
which they submitted to the duties imposed 
upon them by laws framed at a very un- 
settled period of our history, and at a time 
when the Government of Canada had scarce- 
ly emerged from the ordeal of its military 
and feudal origin, notwithstanding the fac- 
tious and seditious opinions circulated a- 
mongst them by the newspapers and other 
emissaries of the leaders. 

Towards the conclusion of the lato Ses- 
sion, a new Militia Bill was sent up to the 
Legislative Council by the Assembly ; but 
strange to tell, this bill also contained a 
clause so monstrous, and so sweepingly de- 
structive of the prerogatives of tile Crown 



401 

aud the most elemeniary principlefc of con- 
stitutional legislation, that the Legislative 
CouQcil struck it out at once. This clause 
iiee(J only be perused lo be condemned : 

" Provided always, and bo it further en- 
acted by the authority aforesaid, that noth- 
ing in this Act contained «bai] extend or be 
construed lo extend to revoke or annul all 
or any of the comrnissious of the different 
Ollicers of Militia appointed in this Prov- 
ince prior to the first day of May \>hich was 
in the year of our L rd 1827, the Jiaid Com- 
missions being couforrnable to the provis- 
ions of the said Acts, hereby revived and 
continued in respect to the qualification and 
residence ; and provided always, and it is 
hereby declared and enacted by the author- 
ity aforesaid, that ail Commissions or chan- 
ges of Officers of Militia, issued or made 
subsequently to the said first day of May, be 
and the same are hereby revoked and an- 
nulled, till such time as further provision be 
made therein by the Governor, Lieutenaul 
Governor, or person adminisiering the Gov- 
ernuient for the time being." 

Let it be remembered, that shortly after 
the Ordinances of 1787 and 1789 came into 
force in 1827, a great deal of insubordina- 
tion and refractoriness took place among 
the Officers of the Miliiia ; a set of men 
bound by every tie of civil and military law 
to exhibit a pattern of peace and obedience 
to those placed under their immediate com- 
mand. No country could be safe — no ser- 
vice could be either effective or honuurabla 



402 

%vhh the participallon of ?.jch men, Tbcf 
W"; o. therefore. ve^V properly di^niis^ed; 
ood ' thers nio:^ Xoyh.'. aad obedient appoiDi* 
ed in toeir place. These dismissals -ire 
mridea s :bject of cooplaiut la ihe Ptitions 
of Grievance ; e-od are to this day a subject 
of irksone rdection to ths Leaders and 
the'" disraissed patrons. There is no prin- 
ciple of our Coustirjlna b'.^ter eetitHishbd, 
than Iliac the King unay call into and iisrniss 
from his service, eit'ur civil or military, at 
pleasure, whom he will. Y^% the Canada 
CoQiii)ittB6 and the Assembly presume tp 
thiak other^vise; th-^ latier, by the clause 
r^L;;v3 cttod, attempting not ooly vo re-hp- 
poiat the dismissed officers, bu; to rev:>kc 
cV3.d a,un'.7l "all cumMissions or changes of 
Officf ''^' of Militia, issued f r matL subse- 
q.s." iJiiy to the s&id ftv'ii day of May." " When 
an arasy is estabiishej,' sa}s Moatesque, in 
hi« Treatise an the British Constitution, "it 
oa^ht not to depend immediaLely on the le- 
gislative, but on the executive pow<3r ; ?rnd 
thi«, from the vt ry nature of the thing ; its 
buiiuoss consisting more inaction than io 
deliberation." On what piiaciplf s ofCon- 
stitutiouaijustice, then, the Assembly couid 
assume the right of passing such a law as ths 
one above alluded to, we are totally at a loss 
to comprehend or to conceive. They per- 
hap'? thought this a fair and fit opportLcity to 
ingratiate thf)mselves with their constituents 
by a merr2 atteniipt to legislate for popular 
clnmour, as well as to roinstaie the cash'ser- 
©d Officers. Bat they forgot that the people 



40b 

bad allaloag paid the most implicit obedi- 
ence to the revived Militia Ordinaoces, and 
that Hib Majesty's Goverument had entu'ely 
approved of the dismissals in quesiioD : na 
approval founded on the opinion of the Law 
Officers of the Crown, as well as on that of 
every sound lawyer in Canada; many of 
the latter continuing to do duty both as Of- 
ficers and Privates under the existing iav»'s ! 
In what other light, then, can we look to the 
Assembly than as barefaced usurpers of the 
just authority of the executive govevoment. 
Thanks to the Legislative Council, they have 
in this instance at least failed in their unjust 
and inglorious pretensions ; but the country 
caiiuot watch too narrowly the proceedings 
of a set of men so bent on the destruction 
of every thing sacred in our system of gov- 
ernment. 

But this is not all. When the Bill, in its 
amended form, reached the Assembly, our 
friend Mr. Viger proposed a series of Reso- 
luiions, which, to convince the doubtful rea- 
der, if there be such, we shall give, at full 
length, as exhibiting in stronger colours thaa 
any language of ours could do, that nothing- 
can stop the progress of the Assembly in their 
attempts to clothe themselves with judicial 
authority. 

" M. Viger proposed to resolve seconded 
by Mr. Quesnel. 

" That it is the opinion of this committee, 
that an humble address ought to be present- 
ed to His Excellency the administrator of 
the government, expressing that the act of 



404 

ibe Imperial Parliament of the 14th year of 
the reigo of his late Majesty George Third, 
chap. 83 which established for the Province 
of Quebec a Legislative Council, had limit- 
ed its jurisdiction within certain bounds it 
overstepped in passing the ordinances of 
the 27th and 29th of the same reign for the 
government of the militia of this Province, 
of which several provisions are moreover re- 
pugnant to the principles of law and of the 
constitutional rights of England, which are 
the law of this country. 

" That when a temporary abrogates a per- 
petual law, aud substitutes on the same sub- 
ject, provisions only established for a certain 
time, the repealed law does not revive, when 
the time for which the new law had been 
made is expired, without the intention of the 
Legislature has been expressed on the sub- 
ject. 

" That nothing in the clauses of the two 
laws of the Legislature of this Province of 
the 34th and 43d years of his Majesty's Keign, 
respecting the Militia, by the words of which 
the ordinances of the Council are abrogat- 
ed, expresses any intention to allow them 
to revive after the expiration of the tempo- 
rary laws, which substituted new provisions 
in the place of these old ordinances. 

" That the aforesaid ordinances of the 
Council of the 27th and 29th years of his 
late Majesty Geo. III. cannot revive by the 
expiration of these temporary laws which 
abrogated them, and can only be put into 
force by a law of the Provincial Parliament 



405 

ivithout, the authority of ■which the citizens 
of this province could not he obliged to sub- 
mit to the exercise of martial law." 

Now, without waiting to express our sen- 
timents on the contemptible opinion and 
subterfuge here recorded with respect to want 
of due authority on the part of the Govern- 
or and Council of Quebec, which we affirm 
to have been as extensive as that of the pre- 
sent Governor and Legislature,* what can 
be more insolent and insane than their driv- 
elling about the revival of the ordinances, 
and the want of authority to oblige the " cit- 
izens^^ of this province to submit to the exer- 
cise oiniartiallaw ? But this trash will ap- 
pear still more strange and ridiculous when 
we inform the reader, that so far back as the 
month of June, 1828, the only legal tribunal 
in the province capable of pronouncing judg- 
ment in a case involving alike the preroga- 
tive of the crown and the rights of the sub- 
ject, declared, by an unanimous decision, 
that the Militia Ordinances of 1787 and 1789 
were then, stJll are, and ever will be in 
force while they remain unrepealed or un- 
suspended by any subsequent existing act of 
the legislature ! This judgment will be 
found Oil the margin, f and does honour to 
the learned individuals who pronounced it. 
Yet, in the face of this solemn judgment, 

*The only inferiority on the part of the 
former was in the want of authority to levy 
taxes. 

f Vide Appendix. 



406 

which not only ought to be venerated, but 
treasured v.p ass the w^ of cordiKt of every 
mau in the province, whatever Lis profes- 
sion or pursui*^'3 may be, th^:- Asseraoly, by 
their Resolutions, atteront to pronounce a 
judgment diametrically opposite both as to 
faci and principle i Can this be endured? 
Cpn it be endired that the House of Assem- 
bly may wage eternal %var with every power 
and tribunal in the state ? Are his Majes- 
ty's ccurtB of law to be broug^/'.t into contempt 
ly a pack of arrogaat demagogues, whose 
eoERtant object^ — as we have said a hundred 
times over — is to paralyze and destroy the 
JCinjr's Government in this province ? Are 
the people to be taught to recognize no oth- 
er authority hut that of the Assembly ? And 
is the bar to fly for refuge to the forum ? 
These proceedings must be stopped. They 
have gone too far already; but if the As- 
sembly be not checked — aud that speedily 
-7-inits wilful and headlong career, England 
•tvili ere long curse the day in which Wolfe, 
the greatest and the bravest of her generals, 
won his glories ! 

If any further proof be necessary to con- 
iirra the opinion which we entertain on this 
subject, we have only xo refer to the pro- 
roguing speech of His Excellency the Ad- 
ministrator, and the ''circular" of the Ad- 
jutant General of the Militia of the 10th of 
April. In the former of these documents 
the absolute existence of the Militia Laws is 
averred aod maintained by the following 
sentence :— 



407 

"I had eQtertaioed a hope, that tb;? inbrta" 
itants of lie Province would have be j re- 
lieve 1 from any in:cavenience tc which they 
may b? su'jtcted under "^heOrdi'z^aces now 
in fty-'-t^ by the passir?; of ■:. Mill im, B'M, 
s.id i c .not but CApres.^ iny re^f -t ihs:it 
has not taken rJace." 

if u :br Matter, whl n is adt'ressed " to Cora- 
mandin?; Officers of Militia Battalions," by 
this introdu tory clau'«'^ -. — 

CIIiCULAR. 

Offi^cf. of tht Adjutant General of Militia, 
^uehec, lOth Avdl> 1899 

Sir:- .lis ^ Excol €n':;y tbe" Commander- 
in-Chief, being desirous :;i\elieving the Mi- 
licjaofthe Provii r-g from the in-^onvenif ucc 
to which thty a.ght be subjected iii the 
course of the present year by attending the 
Five M athly Revj ^wb ordered and r i: vnr-^ 
ed by tne Ordinances isj^w n fort 3 > I have 
received His Excellency's Commands to ac- 
quaint you that he is pleased to dispense v.ith 
Three of the said Kevievvs." 

Thus we find the House of Assembly as 
iGUch :it variance with his present Excel- 
lency, on this subject at least, as with |Lord 
Dalhousie. Why .'ien, are the Assembly 
aad the " Canada Committee" silent on a 
matter so important? Whatever tribunal 
will noiv decide tus case, must do so with as 
much refe ence to Sir James Kemptas Lord 
Dalhotisie ; for the one is as guilty of the 
crime of declaring these ordinances "now ia 
force" as the other. We have therefore so 



408 

JicsitatioD to say, that the Defender of Pel- 
tier* himself, with all his eruditiou aud legal 
acquireraouts, could not have made out a 
stronger case than we have thus done with 
respect to the Militia Laws. The Assembly 
and its friends have indeed abused and vili- 
fied even Sir James Kempt for his opinions 
on this subject ; but Sir James knows how 
to despise such abuse ; and cares as Utile 
about it as his noble predecessor did. 

Wo come now to the last and most im- 
portant question of the whole. We allude 
to the Supplies. We have already, in a 
preceding number, entered so fully upon thiS' 
(subject, that at present, we deem it neither 
necessary nor desirable to discuss it at much 
greater length. We should, however, con- 
sider it as a cowardly desertion of our post, 
were we to pass over the proceedings of the 
late Session, in relation to this matter with- 
out recording our sentiments on a questioa 
which has so long and so fearfully agitated 
the Country. 

It will be observed, that this Session was 
characterized by two appropriation acts ; 
one 10 defray the expenses of the civil gov- 
ernment incurred in 1828, there baing no 
session in that year ; and another to nako 
provision towards defraying the civil ex- 
penditure during the current year. But we 
will not consider these acts separately. They 
are the same in principle : equally destruc- 
tive of the Constitutiou, equally at variance 

*Sir James Mackintosh. 



409 

with the King's instructions, and equally iu 
suiting to tlie feelings and good sense of the 
country ! T{ie Message upon which they 
are founded, claims '' provision in aid of the 
Crov;n Revenues." It has been asserted, 
that the Bills, as passed, have reference to 
this principle, and are couched accordingly. 
This we shall never admit- The Bill mak- 
ing provision for 3829, instead of making 
" provision in aid of the Crown Revenues," 
appropriates the whole publick revenue of 
the province in •' such sum or sums of mo- 
ney as together with the monies already ap- 
propriated by law for the said purposes, shall 
amount to a sum not exceeding £54,542 2 
6, Sterling."* There is no w ord of an "mt/" 
iu this enactment. The Assembly knew 
better ; and were aware, tl)at ^f that term 
were once made use of, their pretensions 
over all the revenues of the province, would, 
instantly fall to the ground. The term 
*' To^tthtr''^ was substituted, wiiich they 
blindly imagifie to be tantamount to a full 
recognition of their claims. But had the 
act been worded otherwise, and expressed 
io the identical terms of the Messfige, it 
would, in our opinion, be equally u^jconsti- 
tutional ; because, in voting the supplies, 
the Assembly did not confine themselves to 
the unappropriated revenue, over which a- 
)oae they hold control, and which alone they 
have a right to dispose of ; but spread their 
authority over the whole of the ** Crowi; 

*Vide Appendix, No. III. 



410 

Hevonyes;" anpropn-.tine;, disposing, de- 
ducUDg, controlling, aaa addiv..; each Civil 
Officer's aiiowADco actrrdlm tr a ruleot be- 
nevolcQce oi theit * wn : thus eiitire*y ah'-o- 
gatiag the aporopii^tiiiiis air*v\dy r,iade b^ 
his Majesty and tns I^o.-'j of the T^^■lo>"y, 
and cutdijf^ them off from all int^rveutiou 
with the '" Crown KevDauigi ckoated and 
apprupriattd by the 14f.h Geo* III, with the 
disposal of which tiiey are eiinvely auu i-x- 
clusively invested. Ni w, if the Crr»\va sub- 
mit t.r t'.is usurpation on the part of the As- 
sembly — if it t.Ainely sabmi.; JO be striy. ped 
of a power with which it is clothod J ,, an 
act of the Imponal Pa.'ianient—if it subniu 
to be told., that its judges and ow^er civil of- 
ficers, who, ia viria' oftnis r^cr, hav-: beea 
perinanenl'y provkled for ..rcordinn to a 
scale long in use and yearly su.bmitcad to the 
inspection and guidance of the Assetvrlny, 
are henceforward to become annaal pen- 
sioners ou the bounty of "hat Assembly, m 
thai case, we humr;;y submit, the Cro'vn is 
bound to give due notice to inv pici vi> we of 
its having reli iquished its elaiiins to the h.p- 
propriation of tht? " Crown Reven'^ciT," in 
order to prevent us frofMn; qu?»rrelling with the 
Assejubly, for assuming n x authority acqui- 
esced in by his lVIaje^it>''s goveriment. But 
fortunately for us, the Crown has not, will 
not, cannot, dare not ct^/^m;^ a deed <^v a- 
trocious, Vihilst the 14tb of the latfr kirr re- 
mains io the latute book. The CroWu i/iay, 
indeed, solicit and obta'a the repeal of this 
act; but while itieraainsia force the Crown 



411 

is bound to pay it as implicit obedience as 
the meanest subject, and can n; more Rvoid 
subaiission to the law of the lao 1 (""aa ' . can 
suspend the habeas corpus without ti: con- 
sent <;f parliament. The Jaw has invested 
the crown with no discretionary power^: : and 
it can no more transfer the perform auc^ ci' 
its own duties to *he subject, than the sub- 
ject can usurp the regal functions. We know 
not what the Crown may do v> ith respect t^ 
the subject under consideration ; but hith- 
erto, so far as has come to our knowledge, 
we are not aware that it has betrayed any 
symptoms of compromise. We owe :i a 
debt of gratitude for this. Even that infa- 
mously popular term conciliation would, in 
this instance, be dangerous ; but compro- 
mise would be ruinous. The government of 
England is not a democracy, nor a party- 
government that veers with the political vane 
of every man who comes into office. It is 
a government founded on priaciple, consist- 
ency, and uniformity of conduct ; and it is 
i to this that we owe the war that has so long; 
been waged against these characteristicks of 
the House of Assembly. But is this social 
warfare to be continued for ever ? If the gov- 
ernment of England have the inchnation, 
they have surely the power of putting a stop 
to it. The past attempts to do so, have prov- 
ed ineffectual ; but, if England be truly de- 
sirous to entail peace and prosperity on this 
province, where have those wonderful and 
much-boasted Arcana of her strength been 
hid for the last ten years. Have not the 



412 

House of Assembly, like the Philistines on 
another occasion, defied and made sport of 
them ! The supply Bill passed during tlio 
administration of Sir Francis Burton was 
considered so uncoustilutional, and at such 
variance with the rights of the Crown, that 
his Majesty's Representative in the province 
was instructed, not to sanction any measure 
of a similar nature. Yet, let any one who 
can road, compare the Bill of 1825 with those 
of the present Session, and we doty him to 
pronounce them otherwise, than identically 
the same both in principle and in terras!* 
This is a defiance which we certainly did 
expect, hut which we never for a single in- 
stant, dreamed would have proved success- 
ful. So far as regards the Assembly, the 
only remark wo shall make is, that led and 
actuated, as they have ever been, by a spirit 
of opposition to British supremacy, it would 
at once be impossible and inconsistent with 
themselves to havo acted otherwise. Their 
language to Britain has always been; — 

*' She is my bane, I cannot bear her ; 
One heaven and earth can never hold 
us both ; 
Still shall we hate, and with defiance 
deadly 
Keep rage alive till one be lost forever." 

But what shall we say of the Legislative 
Council ? In what terms can we express 
our shame and grief at the conduct of that 

*Vido Appendix, No. IV. 



413 

body, '«vIjo liave hitherto stood In tLebreacij 
between us and anarchy, and who have hith- 
erto exorcised their authority in such a con- 
stitutional way, as at once to incur the dis- 
pleasure of ttie Assembly, and the approba- 
tion of their Country ? We lament, we 
grieve to say, that the public character of 
the Legislative Council, for honour and con- 
sistency, has been forfeited for ever I But 
ivfaen we pronounce a sentence so repugnant 
to our feelings, we do not mean to say that 
that body is individually infamous. No ; 
we thank God, that there are individuals in 
that Assembly who are an brnament to so- 
ciety, and an honour to the country, indi- 
viduals whom the king may trust and the 
province be proud of — individuals who wiH 
neither bend the knee to power, nor worship 
at the shrine of avarice — individuals who 
■will be consistent while others are abject — 
individuals who will defend their country and 
their birthrights, when others desert them to 
tyrants and enemies. 

We believe that the Legislative Council 
never presented a more interesting scene 
than during the discussion of the Supply 
Bills. Of the speeches and efforts which 
were made in favour of those infamous Bills, 
we refrain from speaking : because, to our 
mind, nothing degrades human nature more 
than to behold it fvee to-day and a slave to- 
morrow — than to see it, lion-like, braving 
the dangers and the scorn of popular obloquy 
in the cause of justice and truth, and anon 
prostrate, licking the dust from the foot of 
heartless avarice acd proud authority. Far 



414 

Otherwise are we disposed to speak of those 
who resisted thein. Would that we could 
write the names of Kerr, Bell, Coffiu, Fei- 
ton, Grant, Bowen, and Jbhu Stewart in 
letters of gold ! The resistance of these men 
was stern, manful and patriotick. It lias en- 
deared thera to every loyal person in the 
Country, and, when they are goDe, will em- 
balm their memories in the grateful remera- 
brsuce of all who love that Country and ven- 
erate the Constitution. Let their tombs 
jSMr the record Here lies a defender of the^ 
Constitution ! Of course, it cannot be ex- 
pected of us to enter into a detail of the ar- 
gurnents made use of by these honourable 
individuals in opposition to the Supplies as 
voted by the Assembly. It will be merely 
sufficient to say that they were unanswera- 
ble. Being founded on the principles of the 
Constitution they could not be rebutted: 
being in accordance with the laws of the 
country, they could not be refuted. The on- 
ly reasoning urged against thera was expe- 
diency and conciliation. But what can be 
more expedient than an adherence to the 
letter and the spirit of the Constitution ; and 
what can be more conciliating than the due 
execution of the laws ? As to the argu- 
ments of their opponents, we must admit 
they were of the most solid and weighty 
kind ; and because they were so, they pre - 
vailed. Let us attend for a moment to the 
manner in which this took place and to the 
individuals by whom it was effected. 
As the same cii'curastaflces characterized 



415 

and disgiMced the p-,3afre of both BHI«, w# 
apprehend that the history of one wi'I be 
qmi^ sufRcient. Wh.^nJ the Lili for the civil 
expeaditure of the current year carae under 
discussion, there were fifteen members in the 
House, exclusive of th,- Speaker ; and the 
votes were as follows : 

o m^'' ^if. ^^'^^—i- Cuthbert, 9. De Lery, 
3. Ine Bishop, 4. Rjland, 5. Tachereau, 

6. Caldwell, 7. Hale. 

Ag-ar/isi £Ae ^f//.-~l Coffin, 2. BeJI, 
o. Grant, 4. Felton, 5. Stewart, 6. Bowen, 

7. Kerr, 8. Pei-eival. 

Now, there being Eight vote?! against the 
passing of the BilJ, and only Seven in its 
favour, it will naturally excite surprise how 
the measure cuuld pass at ali, consisleatlv 
■With the rules of voting, there being a fair 
and legal *^,ajority of One on the side of the 
Nays. But let it be reraeoibered, that there 
was a being called the SpeaJcer in the house, 
who as such, like his brothor of the Assem- 
bly, had a stake of three thousand pounds ia 
the ganae ! It wrs hard therefore to be de- 
prived of a sura so considerable by the vote 
of \ single individual, when a remedy lay 
witniu his reach. It was no difficult mat- 
ter, m the first place, to vote as a member on 
the side of the yeas, the numbers being by 
that means rendered equal, and then, as 
Speaker, give the casting vote on the same 
sids. This was done ! The Speaker of the 
Legislative council, who is also Chief Jus- 
tice of this province, has long been esteemed 
as a man of some virtue and tales t. There 



410 

may be talent ; but surely there is no virtue 
ID an act of this kind. Asa lawyer and a judge 
Mr. Sewell must know, that he had no right 
to act in this way ; and that by doing so, he 
has forever blasted his own character as a 
man of candour and impartiality. If other- 
wise, God help those who, by the laws of 
the country, are bound to seek justice at his 
hands. There is no rule better established 
by our laws, than that a president or chair- 
man of any publick body cannot vote but 
once ; and that one vote can only be, a cast- 
ing vote in case of their being what is termed 
a tie. By the laws of the Imperial Parlia- 
ment the act of the raajoritybinds the whole. 
But what constitutes this majority ? Not, 
surely, two votes given by the Speaker of 
either house, as has been done in the case 
before us. By no means; but the bona fide 
majority of votes, fairly put and fairly giv- 
en ; and a majority, it is well known, may 
be constituted by one as well as a thousand. 
Neither the Speaker of the House of Lords, 
nor of the House of Commons has ever been 
known to give more than one vote, and that 
vote only when there is an equality of votes.* 
It is true that the Speaker cf the House of 

*Oh the question for the impeachment of 
Lord Melville, the division of the House of 
Commons being equal, the motion for the 
prosecution was carried by the casting vote 
of Mr. Abbott, then Speaker. By the Con- 
stitution of the United States, it is declared 
that " The Vice President of the United 



417 

Lords, if he be a Lord of parliament, may, 
contrary to the privileges of the Speaker of 
the Lower House, give his opinion or argue 
any question in tha House; but he never 
votes, except when the numbers on a divis- 
ion happen to be equal. This is a poiiit 
clearly establish*: d by pprliaraentary usage; 
aa<i upon what grounds the Speaker of the 
Le Jslative Counci' could lay claim to two 
voices, is to us incon;prehensible. But let 
us -onsult our constitutional Act on a sub- 
ject so important. By the twenty eighth sec- 
tion, it is enacted " That all questions which 
shall arise in the said Legislative Councils 
or A.ssemblies respectively, shall be decided 
by vi'i Majority of voices of such memberfj as 
shall be p/esent; and that in all cases where 
the voices shall be equal, the Speaker of 
such Council or Assembly, as the case shall 
be, shall have a casting voice." There is 
DO authority for a double vote here. It is 
not to h3 found in the customs of parliament, 
nor is it sanctioned by any law or usage 
kno'vL within the realm. We will thank 
the Hdaourable Speaker of the Legislative 
Council, then to point out the authority 
whence lie has derived this new lavv, which 
gives him, what no other man can enjoy, a 
double capacity, and renders him of double 
importance to which ever side of the house 
he iTjay be disposed to lend his assistance. 
Br?; w ith all his cleverness we think we are 

^States shall be president of the Senate, but 
'shall have no vote unless they be equally di 
vided." 



. 



418 

r.afc ia bidding him defiance. We know 
where he found ail the authority that can be 
produced ca the subject. He found it in a 
timid, wavering, vaciU'.ung cropositioD— in 
a heart more proje to court prei»ri»« favours 
than to entertain ,>;ratitude for the past—and 
in a passion of personal avarice and fapiily 
aggrandizement, which ''c fleet as little hon- 
our on the judge as on the patriot— on tho 
man ^s the confidential friend. 

Of the companions and tools of the Hon 
ourable Speaker, m this work of publick in- 
famy, we are disposed to speak with as mu^h 
dec4ucy and decorum as their deeds of atro- 
city will admit of. The Bishop we have al- 
ways admired as a man 'of piety, learning, 
and humanity. But he cannot serve God 
and mammon ; and it is our fervent prayer, 
that the Church may never regain be put to 
shame and confusion on account of his po- 
iitical subserviency and delinquency. We 
have said, that we admire the piety of this 
good and evangelical man; we will only 
add, from his politicks. Good Lord, Deliver 
us. The real views of Mr. Cuthbert will 
be disappointed ; and when that happens, 
he will remember that we told him so. Of 
Mr. De Lery w^e say nothing, as he is a man 
totally unknown to fame of any kind. Mr. 
Ryland we believe to be the personal eneniy 
of the late representative of his Majesty in 
this province. Any man who could be so, 
is totally unworthy of publick, or private 
respect. At all events, he shall never have 
ours. We understand, that at the time Mr- 



419 

achereau -as ihns voting away the pubiick 
inoDeyinto :/ 9 pockets of the tur Honoura- 
ble Speakers, ne ought to have beta attend- 
ing to hisdu- es as a Judge in another dis- 
trict of"'.'^ ovince ; and that, in conse- 
quence o£h. absence it was with great i.if- 
Seulty the term was commenced at all ; a 
loss had it taken place, of more serious con- 
sequence to the country than the whole civ- 
il list together. When questioned as to his 
absence, he answered that " The Chief 
Justice laid his commands upon hir- -' Of 
this webaveno doubt ; but we ca assure 
Mr. Tachereau, that had his vote been on 
the other side, he should next session have 
been impeached by the AssemblT for neglect 
of duty as a Judge. As it is, v- -' hope some 
.independent member will take up the busi- 
ness ; for the Judge ought to know, that, 
:wbatever beccrres of politicks, nothing is 
■more injurious to a state than a faithless and 
r.ime serving judicatory Mr. Caldwell is a 
jpublic defaulter, and has been so declared 
^by the House of Assembly and the Canada 
icommittee. Mr. Hale is an honest man, 
.^ve believe ; but what Receiver General can 
i)e an honest politician! Such are the men 
fwho have aided the House of Assembly ia 
itheir attempts to destroy the constittj'tion. 
Such are the men who have compromised 
;the character of the Legislative Council. 
iSuch are the men whom Mr. Felton stated 
in his place to have been everyway deserv- 
)!ng the character given of them by Mr. 
i^feilson in bis evidence before the Canada 



420 ^^B' 

cemmlttee, as well as in the Report of that 
comniitiee itself. With these brief observa- 
tioas we leave them io the hands of the coun- 
try and posterity. But the list would not be 
complete without the name of the Attorney 
General, who probably, from a motive simi; 
lar to thatoftha two Speakers, gave ex m- 
ficio, a favourable opinion of the supply bills. 
Were Mr. Atiornev now member for W^ilhani 
Henry, we -~ask him whether his opinion 
%vould be the same I If so, the vote of a 
dissecter of bodies is at any time as good as 
that of a dissecter of briefs and indictments, 
for destroying the constitution. But Mr. 
Stuart was never either a good or consistent 
politician ; and we fear it is now too late to 
teach him. We may, perhaps, try our hands 
on him by and by. He has been said to in- 
timidate and overawe the Bench ; but he 
^all not do either with us. Should he be 
tempted to indict us for alibel ; we shall take 
refu^-e under the late instructions transmitted 
to hfra from England with respect to mean- 
er libellers, and so escape his malevolence. 
Upon the whole Mr. Attorney will understand 
us, when we say : 
De Sumno planus ; sed non ego planus in 

uuo 
Versor utrinque manu, diverse et raunere 

fungor : 
Altera pars revocat, quicquid" pars altera 

fecit. 
With respect to tBe part which His Ex- 
cellency the Administrator of the Govera- 



421 

ment took ia this business, we are disposed 
10 say as little as we can, consistently with 
our duty to the publick. We entertain the 
most uuqualiSed esteem for His Excel- 
lency as a man, a gentleman and a soldier. 
In each of these capa:ciiles he deserves, and 
we believe, universally receives the respeci 
and gratitude of his country. As the rep- 
resentative of Geo. IV. he shall ever receive 
from us the homage and obedience of free 
and loyal subjects ; ready to serve him for 
the benefit of our beloved country in any ca- 
pacity or on any mission. But'our loyalty 
to the King, and respect for his representa- 
tive, will never deter us from giving the 
freest expression to our sentiments on ques- 
tions of public importance. We have there- 
fore neither fear nor hesitation in saying, 
that, consideringthe nature and character of 
:he Bills of supply of this session; consid- 
3riog the manner in which the supply bill 
aassedthe Assembly; considering the cir- 
Jumstances under which the bills'were pas- 
ed in both houses ; considering the illegali- 
y of the double vote of the Speaker of the 
L.egislative Council ; but, above all, consid- 
sring the Despatch of the Colonial Minister 
sf the 4th of June, 1825, wherein, with res- 
)ect to the last Bill of Supply sanctioned by 
he legislature, instructions were convej'ed 
' Not to sanction any measure of a similar 
lature," His Excellency ought to have 
vithheld the Royal sanction from the Bills 
n question, at least until His Majesty's ap- 
)robaiion should have been obtained. Tti© 
23 



422 

instructions alluded to are as binding upon 
the present Governor as upon any ofRis 
Excellency's predecessors, unless formally 
and expressly recalled : a circumstance which 
there is no authority to conclude, lias ever 
taken place. It is said that Sir James Kempt 
is in possession, of conciliatory despatches. 
We are far from disbelieving this, because it 
is very likely, considering the spirit which 
at present rules his Majesty's government in 
England. But, why should His Exellency's 
instructions be different from those of his 
brother Governor in Upper Canada ? There 
Sir James Colborne expressly tells the Le- 
gislature, th.'ithedoes not want supplies,.be- 
cause the revenue arising from the 14th Geo. 
III. of which the crown has the entire dis- 
posal and control, is sufficient for the exigen- 
cies of tlie government.* Have the Assem- 



*Genllemen ofthe House of Assembly. — 
I thank you for your offer of making a pro- 
vision for the support of the civil Govern- 
ment, which I should have gladly accepted 
in His Majesty's name had not the Revenue 
arising from the Statute ofthe 14th Geo. HI, 
chap. 88, the appropriation of which, for 
the public service, is under the control of 
the Crown, appeared quite sufficient to de- 
fray the expenses of the current year. An 
intimation to this effect, was conveyed to you 
in my reply to one of your Addresses early 
in the present month. 

Sir John Colborne's Speech, 20th March, 

ia29. 



42S 

bly of Upper Canada set up a claim to the 
distribuiioti and appropriation of ti]ese Crowa 
revenues ? They have u<»t, and dare not. 
Why should the Assembly of Lower Cana- 
da be permitted to pursue a diftereot line of 
conduct, having the same Constitution to 
guide them ? It will be vain to say, that it 
was because supplies had been demanded ia 
Lower Canada, and that the legislature ia 
such a case, have a right to interfere with 
the appropriation of the Crown revenues, ia 
order to limit or extend those at their own 
ilisposal. Can a claim of supplies in aid of 
the Crown revenues alter the laws and coo- 
slitution of the country? If they can, why 
should not the interpretation apply iu Upper 
Canada as well as in this province ; and 
why should not the point in dispute be freely 
and candidly given up to the assemblies of 
both provinces. But there is another point 
of view in which His Excellency's accept- 
ance ofsuppliesin the mode voted by the as- 
sembly, ought to be considered ; and it seems 
to us the only mode of disposing of the ques- 
tion so far as respects kivi. At an early pe- 
riod of the session, his Excellency, by the 
*' King's commands," sent a Message to the 
legislature explanatory of His P/lajesty's 
views with regard to the difficulties which 
agitate this province. In that message, as- 
ter the nature and amount of the *' Crown 
Revenues" are described and summed up, 
it is positively and pointedly declared, that 
these revenues " constitute the whole esti- 
mated rcveaue arising ia the province, wbkb 



424 

the Law has placed at the disposal of th© 
Crown ;" and •' His Majesty has been pleas- 
ed to direct that from this collective Revenue 
.^f £38,000, the salary of the Officers admin- 
istering the Government of the province and 
the salaries of the Judges shall be defrayed.'* 
It is added " His Majesty fully relies upon 
the liberality of his faithful provincial par- 
liament to make such further provision as 
the exigencies of the public service of the 
province (for which the amount of the Crown 
Revenues above mentioned may prove in- 
adequate) may require."* Now, if His 
Majesty has been pleased to declare that 
the "Law" has put the revenue in question 
at his " disposal ;" and if His Majesty ha.s 
heen pleased to "direct" the expenditure of 
this revenue to the Judges and the other of- 
ficers of ihe government, how can His Ma- 
jesty's Representative submit to be told by 
the legislature that they have an equal right 
in the disposal of this revenue, and will there- 
fore dole it out, as they have done this ses- 
sion, in such portions as they think proper ? 
Is not the insult as well as the illegality of 
the thing clear to every mind ? His Excel- 
lency has therefore suffered both his Royal 
Master and himself to be imposed upon by 
the legislature ; and has allowed his own 
Message of the 29th of November, not only 
to be neglected and spurned, but absolutely 
trampled under foot. Why is it so then? 
If contrary, or contradictory instruction* 

*Vid© Appendix, No. V. 



425 

hare been received, why have they not beeii 
published to the world, that the couDirj 
might have beea made aware of its true sit- 
uation — that the province might know 
whether it is to his Excellency or to His 
Majesty's government in England, that 
it owes measures so full of danger, contra- 
diction and inconsistency ? Having said 
this, we have said all that was necessary, 
and all we intended on the present occasion. 
The Protests of the dissentient Legislative 
Councillors will bear us out in all we have 
said against them* we appeal for a full and 
complete confirmation of all our statement* 
on this question. 

Having discussed at such length, the ub- 
constilutional measures of this eventful ses- 
sion, it may perhaps, be expected that we 
should touch upon those that were useful and 
in real unision with the principles of the con- 
stitution. We do not deny that there wer« 
such measures. But we leave them, in their 
free course, for the benefit of our country, 
and the example of posterity. 

In conclusion, we feel that we have dis- 
charged a mostinvidious but important duty. 
We feel that we have stood alone on the 
Watch-tower of our country's salvation, ex- 
posed to all the weapons that faction, malice 
and revenge can bring against us. But, as 
we write neither for fame, patronage nor 
profit, being equally independent of ibeai 
ail, we have honestly and fearlessly— a^ 

*Ti<l« Appendix, No. VL 



/ 



426 

rtiatter how feebly — discharged a debt due 
by every British subject who loves his coun- 
try — loves his king — aad venerates the coa- 
stitntion. If ue have spoken boldly, we 
feel and know that our language has been 
tiiat of truth. What have we to fear then ! 
Thank God ! one free press still exists in 
the country ; and while that is the case, the 
Ccustitutien cannot be destroyed. He who 
will attempt to put it down is an enemy to 
tiie Palladium of British Liberty and th@ 
basest criminal known to our laws. 



NO, I. 

(Vide p. 12.) 

Tuesday ISth Novcrrober 18(Ki. 

" A messnge was delivered from his Ex- 
" celleucy the Lieutenaut Governor, by Mr. 
*' Gautier, Deputy Secretary, to acquaint 
" the Members, that it was His Excellency's 
" pleasure, they should proceed to choose a 
•'fit person to be their Speaker ; and to pre- 
*'8ent the Member chosen for His Excellea- 
" cy's approbation. 
" Mr. Northup then proposed to the House, 
"'William Cottoam Tonge, Esquire, Hia 
" Majesty's Naval Officer, and Member for 
*' the County of Hants, and Mr. Pyke pro- 
" posed Lewis Morris Wilkins, Esquire, 
" Member for the County of Lunenburg, for 
"their Speaker; and the choice of the House 
" having fallen upon William Cottnam 
*' Tonge, Esquire, he stood up in his place, 
*'and expressing the honour proposed to be 
" conferred on him by the House, submitted 
" himself to the choice, and he was taken out 
"of his place by Jeremiah Northup and 
" Shubsel Dimock, Esquires, and conducted 
♦'to, and placed in the Chair, accordingly ; 
" and thereupon Mr. Speaker, elect, ad- 
*' dressed the Members, as follows, &c. &c." 



423 

*' A Message was delivered from His Ex* 
*" cellency the Lieutenant Governor, by Mr= 
*' Gautier, Deputy Secretary of the Prov- 
**iace, commanding the attendance of ih© 
"House in the Council Chamber. 

"Accordingly, Mr. Speaker elect, with 
" the House, went up to attend His Excel- 
"leucy in the Council Chamber, where Mr. 
*' Speaker elect, was presented to His Ex* 
'* cellency by Mr. Northup, when His Ex- 
*• celleucy was pleased to say that he did 
"aot approve of the choice the House had 
" made, and desired them to return, and 
" make another choice, and present the 
** Memlier whom they should elect for His 
*' Excellency's approbation to-morrow, at 
"one o'clock. 

*' The Members being returned, 

** Mr. Northup reported that the Members 
'•had been in the Council Chamber, when 
••His Excellency had not been pleased to 
*♦ approve of the choice they had made of 
♦♦ William Cottoara Tonge, Esquire, to bo 
*" their Speaker; and liad directed they 
•♦ would make another choice, and present 
" the Member whom they should elect for 
"His Excellency's approbation at one o'- 
•♦ clock fo-morrow. 

"And thereupon, the Clerk, by direction 
" of ihe Members present, adjourned the 
" House until to-morrow, at eleven of tho 
•• clock. 

" Wednesday, 19/A November, 1806. 

*' The Members met agreeably to the ad- 
**journraeat of yesterday ; and the Clerk by 



429 

" order, adjourned the House till To-morrow 
"at tea of the clock. 

" Thursday, 20th Novemher, 1S06. 

" The Members met agreeably to the ad- 
"journmeot of yesterday; and, in obedi- 
♦• ence to the commands of His Exeellenc.r 
*• the .Lieutenant Governor, proceeded to 
•♦ the choice of a Sjjeaker, in the place of 
«*Wilham Cottnara Tonge, Esquire, who 
"had not been approved of by His Excel- 
" lency ; and, thereupon, Mr. Mortimer pro- 
" posed Foster Hutchinson, Esquire, Mera- 
" ber for the Town of Halifax, and Mr. Pyke 
•• proposed Levi'is M. Wilkins, Esquire, for 
" their Speaker; and the choice of the House 
•* having fallen upon the latter Gentleman, 
**he stood up in his place, and expressing tha 
" honour proposed to be conferred on him by 
•* the^ House, submitted himself to their 
"choice, and he was taken out of his place 
" by John George Pyke and Jeremiah North- 
^ up. Esquires, and conducted to, and placed 
" in, the Chair, accordingly ; and, there- 
••upon, Mr. Speaker elect, addressed the 
•• Members as follows : &c. &c." 

"A message was delivered from His Ex- 
" cellency the Lieut. Governor, by Mr. Gau- 
"tier. Deputy Secretary, commanding tho 
" attendance of the House in iho Council 
" Chamber. 

" Accordingly, Mr. Speaker elect, with 
"the House, went up to attend His Excel- 
" lency in the Council Chamber, where Mr, 
•* Speaker elect, was presented to His Ex- 



430 

"^ cellency by IVlr, Northup, upon ^vhich His 
*' Excellency approved of the choice the 
*' House had made. 

" The House being returned, and Mr. 
*' Speaker iiaving taken the chair. 

" Mr. Speaker reported that the Hquse 
"'had been iu the Council Chamber, where 
" Bis Excellency had been pleased to ap- 
*' prove of the clioice the House had made 
" of him to be their Speaker, and that he 
" had spoken to the following effect : 

" May it please your Excellency, 

*' The House of Assembly having chose,il 
*' me their Speaker, and your Excellency 
''having approved of their choice, I have to 
*' observe to your Excellency, that I feel 
" very sensibly the weight and importance 
" of the duties incident to that officCj and 
*' my inability to perform them. I trust 
*' however, that an honest and fervent zeal 
"'to promote the ease and comfort of your 
" Excellency's Administration, the peace 
*' and harmony of the different Branches of 
" the Legislature, and the general good of 
** the Province, will, in some measure, com- 
" pensate for all other deficiencies ; I beg 
♦' leave to require of your Excellency, on 
*' the part of the House of Assembly, that 
" their words and actions may receive the 
•' most favourable consideration : and that 
" the Members may from time to time have 
"access to your Excellency, and that they 
*' may enjoy their usual privileges." 

Saturday, 22 November, 1826. 

[Extract from the Address of the House of 



431 

Assembly in answer to the Speech, ia 
which, however, the refusal of the Speak- 
er had oot bedn noticed :] 
*' While we lament that Your Excellency 
*' has been pleased to exercise a branch of 
*' His Majesty's, Prerogative, long unused \a 
" Great Bi-itain, and without precedent ia 
"this Province, we beg leave to assure Your 
*' Excellency, that we shall not fail to culti- 
" vate assiduously a good understanding bo- 
'* tween the diilerent branches of the Legis- 
" lature, and to prosecute with diligence the 
" business of the Session." 



I^'O. II. 

{See p. 24:.) 

Coke in his Insti'tutes, 4. p. 8. in substance says, 
that after the choice is made the King may refuse 
hixn^ and that it is usual to recoiriciead a discreet 
man that will be received. Blackstone, in his 
Conimentaiies, says, " the Speaker of the Housc- 
ef Commons is chosen b}^ the House, but must be 
?ipf)roved of by the King," (1. p. 131.) Comyn in 
the 4th volume of his Digest of the laws of Eng- 
land, (6,297) says " that none can be Speaker 
without elections of the Commons, and their elec- 
tion is free, but the King may recomiTiend or re- 
FTTSE hirn. If the Speaker be appvoved bj the 
King, he prays, 1st, Freedom of SpeeeV &c. Ja- 
cobs in Ins Law Dictionary, in continuance of 
what has been already cited says, " the commons 
aro commanded to choose a Speaker, which donc^ 
two or three days afterwards, he is presented t© 
the King and after somo speechss is allowed ansl 



432 

sent down to the House of Commons when the bu- 
siness of Parliament proceeds." Custance in his 
treatise on the British Constitution (p. 104.) says 
*' the House of Commons always elect their own 
Speaker, who must be presented to the King; for 
approbation." Chitty in his late work on the Roy- 
al Prerogative also says. " The Speaker of the 
House of Commons is chosen by the House, but 
must, it seems, be approved by the King." (p. 74.) 
Hammond, one of the latest writers on Parliamen- 
tary proceedings, in his treatise on Precedents, 
says, *• that the Speaker of the House of Com- 
mons is chosen by the House but must be approv- 
ed by the King, who though he cannot nominate, 
may nevertheless recommend, nor is he till con- 
firmed, called Speaker (p. 64.) The work on the 
British Constitution by a Doctor of the Laws al- 
ready cited, states " the commons being returned 
to their House in obedience to the Royal com- 
mand, choose their Speaker, who is generally one 
recommended by the Sovereign, for though they 
have a right to choose a Speaker, who is their 
mouth and trusted by them and so necessary that 
th.e House of Commons cannot sit without him., 
the king has a right to disallow or to refuse liim, 
after he is so chosen (2. p. 62.) Whitelocke says, 
*' then the commons repair to their house, and 
usually some of the members before acquainted 
with the King's mind doth nominate one among 
them to be chosen for their Speaker, ^\ herein there 
is seldom contradiction. Coke saith that after 
their choice the King may refuse him, and that 
tjhe course is for avoiding expense of time and con- 
test (as in the conge d'elire of a bishop) that the 
King doth name a discreet and learned man whom 
the Commons elect, but without their election 
(saith he truly) no Speaker can be appointed." 
This practice of disapproval does not apply only to 
j^ British House of Commons, for in Neal's Hieto^ 



435 

ry of New England (2 p. 24.) it is said of the 
General Assembly of that Province, '* as soon a« 
the House is called over and the several hierrj- 
bers have taken the oaths, repeated and subscrib- 
ed the Declaration and took and subscribed the 
oath of abjuration, they proceed to the choice of 
their Speaker, veliom they present to the Governor 
for his approbation." A striking authority will be 
found in a M^ork published by the House of As- 
sembly themselves as a guide to young beginners 
in parliamentary warfare the "Lex Parliamentaria" 
where at p. 263,it is said "It is true,the Commons 
are to choose their Speaker, but seeing that after 
their choice, the King may refuse him," and thei* 
proceeds to mention the conge' d'elire which may 
be issued by the Sovereign. The numerous and 
unvarying authorities from the most authentic 
sources cannot fail to demonstrate with sufficient 
clearness the existence of the prerogative. 

But that the prerogative exists may be further de- 
monstrated by showing the actual exercise of it in 
various British and Colonial Assemblies either by 
the Sovereign himself, or by his representatives. 
It is well known that on the election of a Speaker, 
the individual chosen generally excuses himself to 
the house on account of dieability or want of suffi- 
cient talents to maintain the situation with digni- 
ty. But the House refuse his request and he llien 
excuses himself before the King and with all hu- 
mility prays that he may be disallowed. This ex- 
cuse has been made more or less since the 5th 
Richard II. (1381) when Sir Richard Waldegrave 
made that suit to the Kinff. Thus in 1450 Sir John 
Popham was chosen Speaker, his excuse was ad- 
mitted by the King and he was discharged from 
his office. On the same day the Commons pre- 
sented William Tresham for the same purpose w1k> 
was allowed. The words of the record which 
jnentions the disallowance are " Rex ipsam saam 



434 

cxcusationem admisit et ipsum ds occupatione 
predirta exoneravit." At the ccmnencement of 
the new Parliament in 1678-79 — Edward Seymour 
(afterwards Sir Edward) who had become very 
popular ia the house for the violent stand he had 
taken against Popery, was chosen Speaker. In 
the address of excuse which he made to the House, 
ho said "But since you are pleased to sequester 
your judgments, in his choice, give me leave to pxe~ 
ivsnt my excuse to the King, and I hope the King 
will have no cause to disagree with you in any 
Iking hue your choice of me," and prayedfor leave 
to intercede \'nth His Majesty to disch?..rge him of 
his duty. Vf hen brought before the King for ap- 
jjiobation hs addressed His Majesty " I am come 
hither for your Majesty's approbation which if your 
Majesty please to grant I shall do them and you 
the best service I can." From his having several 
disagreemejits with Lord Danby then high in fa- 
Tourjit had been determined to disallow him, but 
Mr. Seymour being aware of this intention avoid- 
cd making his excuses in the usual form, but the 
Lord Chancellor addressing Mr. Seymour said 
" the approbation which is given by His Majesty 
to the choice of a Speaker would not be thought 
i^uch a favour as it is and ought to be received, if 
Wis -Majesty v/ere not at liberty to deny, as well as 
to grant it. It is an essential prerogative of the 
iCing to refuse as well as to approve of a Speaker. 
This is a matter which by mistake may be liable to 
misrepresentation, as if the King did dislike the 
psrsons that chose or the person chosen. As to 
the first there can be no doubt. They are old re- 
]3resentative3 of his people whom he hatli a desire 
to meet and there can be no doubt of the latter, 
nor has his Majesty any reason to dislike you, 
having had great experience of our ability and ser- 
vice. But the King is the best judge of men and 
thingSL Ho knows when and wliere to omploj. 



435 

lie thinks fit to reserve \"Oii for other sendee and 
to ease ycu of this. It is His Majesty's pleasure 
to discharge this choice and accordingly by his Ma- 
jesty's commands I do discharge ycu of the place 
you are chosen for and in His 'tdajesty's name 
command the House of Commons to make an- 
other choice and command them to attend here 
to-morrow at 11 o'clock." The popularity of Sey- 
moiu- made this disallowance very disagreeable "to 
the Members, Avho in the debate which ensued 
spoke in strong terms against those who had coun- 
selled the measui-e, but seemed httle disposed to 
assail the prerogative. During the debate Mr. 
Sacheverell said " I Vv'ould not lose a bail's breatlth 
of the King's right" and he moved an adjournment 
that in the interim the records might be searched 
for precedents in this matter. Mr. Garraway said, 
" I would not give the ' King oflfence but not part 
with one hair of our right." "lam satisfied we 
could not fix upon a fitter person for Speaker thart 
Mr. Seymour, he is a Privy Counsellor, treasurer 
-of the navy and has done the King ver)' good ser- 
vice here which makes me wonder he should not 
be approved of by the king. I thought we could 
not have obhged the king more." NotMdthstand- 
ing that the adjournment took place, the house 
addressed the king for a longer time to consider 
the question as being one of " such great import- 
ance." The king granted them the delay requir- 
ed, at the same time observing " as I v^'ould not 
have my prerogative encroached upon, so I would 
not encroach upon your privilege." At the con- 
tinued debate Mr. Hampden said the choice they 
had made they had reason to think " would have 
been acceptable to the king." Sir John Ernlv 
remarked that " the choice is in the Coirimons 
and it is undoubted that the refusal of a Speaker 
when chosen is of right in the king." In the ad- 
dress wliich the House made to the king they dc- 



436 

darei that thay had a tender regard " for th© 
rights of your Majesty and your royal prerogative 
Which we shall always acknowledge to be vested 
in the Crown for the benefit and protection of the 
people." During the many days to which this de- 
bate was continued, the opinions of the members, 
however much in favour of Mr. Seymour were nev- 
ertheless favourable to the choice of a third person 
in preference to the one nominated by the Grown. 
The king having prorogued the House for a few 
days, on its again meeting it unanimously chose 
Sergeant Gregory, thus succumbing to the right of 
the crown. Throughout this transaction we find 
the House pertinacious of their own right but at 
the same time showing a great respect to the priv- 
ileges of the Crown, thereby affording a striking 
contrast to the conduct of our Commons, who in 
all their proceedings and debates afl^ected a total 
neglect of the wishes and directions of the Crown 
as expressed by its representative. These arc 
certainly the only instances on record in English 
Parliamentary History where the disallowance 
took place ; but Sir Fletcher Norton, having dis- 
pleased his late Majesty in 1773 in a speech on 
presenting a Bill of Supply, the determination of 
the Sovereign to exercise the Royal prerogative 
against that individual should he be again chosen 
was urged by Lord North as a reason against his 
election, and the House notwithstanding the pop- 
alarity of Sir Fletcher rather than dispute the 
wishes of the Crown chose Charles W. Cornwall 
Ksq. who was accepted of — There are however 
several instances to be found in Colonial History 
where Speakers of the Representative Body have 
been disallowed. In the late Province of Massa- 
chusetts Bay, in 1704, Mr. Oakes being chosen, 
was disallowed and the House persisted in tlieir 
choice. On account of the affairs of the war be- 
ing so pressing, the Governor waived the preroga- 



437 

tive, " saving to hor Majesty her just rights at all 
times." This disapproval was sanctioned by the 
approbation of the tlicii Commissioneis of trado 
and plantations. In 1720, the Speaker chosen in 
the same colony was disallowed by the Governor, 
who had to dissolve tho Assembly. On the mect- 
injr of the new one, thontrh composed of nearly tho 
sainc members, they chose one who v.as accepta- 
ble to the Governor. These disallowances caused 
ill will between the Governor and the House, and 
the disputes were referred to England. Through 
the means of Governor Dumner, the Assembly in 
1728 passed an act, wliereby the doubts which, 
they said, might have (.xisted, were set at rest by 
a positive enactment, that the administrator of the 
Government should have a negative in the elec- 
tion of their Speaker. The House of Assembly of 
South Carolina on tho ]2th Jan. 1773 having pre- 
sented the Hon. R, Lowndes to be their Speaker 
the Governor diapproved and disallowed their 
choice, and directed them to proceed anew, but 
the House, persisted in their views and it was 
thereupon prorogued. About the year 1810 James 
Tucker was elected Speaker of the House of As- 
!?cmbly of Bermuda, but being disapproved of by 
the Lieutenant Governor, John Noble Manley, v/as 
subsequently elected and approved of by His Ex- 
cellency. 

The first notice or mention made of the appro- 
bation of the Speaker by the monarch being for- 
mally announced, was in 1399, when Henry IV, 
approved the choice made in the person of Sir 
John Cheney, who next day was obliged to resign 
his charge from sudden disease, and the Commons 
elected Sir John Doreward in his place, v/ho was 
then approved of. On tho election of the Speak- 
er, it has been already mentioned as being usual 
to excuse himself on presentation to the king, ami 
this practice has been almost hitherto invariable. 



438 

In 1582, Sir Edward Coke, an individual whos^ 
knowledge of law and the constitution under 
which he lived, cannot be doubted, in his speech 
to the throne said : " This is ovAj as ^fet a nomin- 
ation and no Election, until your Majesty giveth 
allowance and approbation." In 1 660 Sir Har- 
bottle Giimstone was chosen, but on account of 
the absence of the king, was not presented for 
approbation. The Speech of Sir Edward Turner 
who was chosen the succeeding year, is not re- 
corded in the Journals of the Commons, but in 
substance as given in the Lords' Journals, is as 
follows : " From this their judgment, if I must so 
call it, I do most humbly appeal to your Sovereign 
justice, beseeching your Majesty for the errors 
that are too visible and apparent in their proceed- 
inge, that you will review and reverse the same." 
The Lord Chancellor replied '* you have not dis- 
credited 3'^ourself enough to persuade the king to 
dissent from the House of Commons in the elec* 
tion they have made." In 1672, Sir Job Charlton 
was chosen, who addressed the king as follows .- 
" I therefore with a plain humble heart prostrate 
at your Royal feet, beseech, that you will com- 
mand them to re\aew what they have done, and 
to proceed to a new election." The king in reply 
said ; " He cannot disapprove the election of this 
House of Commons, especially when they have 
expressed so much duty in choosing one worthy 
and acceptable to liim." This individual became 
unwell and desired to retire to the country and va- 
cate the Speaker's chair. In his address to the 
king, he said ; " I humbly beseech your Majes- 
ty's leave that I may move your most dutiful and 
loyal House of Comrxions, to permit me to retire 
to the country, and to give them leave to choose 
another Speaker." This leave was granted, and 
the House on the 18th Feb. 1672, elected Edward 
(afterwards Sir Edward) Seymour, who was ap* 



439 

f roved. On the 20th May 16S9, Sir John Trerer 
was re-elected, and on being presented to the 
king, humbly beseeched liis Majesty " to command 
the Commons to make a better choice." On the 
election of Paul Foley in ]694, the Lord Keeper in 
"addressing liim aftpr he had made his excuses 
said : " He (the king) does well allow of the 
choice which the House of Commons have made, 
and does approve of you for their Speaker." 
When Sir Thomas Littleton v/as chosen in 1695, 
,he said to his Majesty : " I need enumerate no 
more particulars v»' herein I am wanting to your 
Majesty, to ¥/hom my insufficiencies in businesi? 
are not unkno'.^n, hoping I have said enough al- 
ready to induce your Majesty to disapprove mc." 
Ha.ving be -^n approved, he rephed ; " Since your 
Majesty has been pleased to approve the choice 
which youv Commons have made, it becomes me 
not to contend longer with your I^Iajesty," When 
Robeil Harl^y was chosen in 1701, he addressed 
the king in the usual strain of excuse, but it was 
not allowed by his Majesty. Harley in reply 
f-aid ; " Since 3^our Majesty hath not been pleased 
to admit of my excuse, it is my duty to submit,, 
and I do in the first place with tlie utmost thank- 
fulness acknowledge the undcvserved honour your 
Majesty is pleased to confer upon rne, and that I 
may the batter discharge that great trust v/hich 
your Majesty and the Comnions have committed 
to me, I am an humble suitor to your Majesty,^ 
.and then prayed the usual liberties. In 1/08, Sir 
Richard Onslow addressed the Lords Commis- 
sioners ; " May my most humble intercession to 
YCiMT Lordships to disapprove this choice obtaia 
pardon." In 1710, William Brornely being chosen, 
he addressed the Queen, that in obedience to her 
commands he had been chosen, and that he was a 
humble suitor to her Majesty, that she would be 
pleased to escuse his undertaking it, and to ccra- 



440 

jmand the Commons to make a better choice. In 
1713, Sir Thomas Hanmer being chosen, he thus 
addressed the Queen : " That for her own service 
and satisfaction, for the better success of those ar- 
duous and urgent affairs which have induced her 
to call this Parliament, and for the honour of the 
House of Commons, she will be pleased to order 
them to re-consider this their resolution and to 
come apain prepared to present some other person 
to her Majesty, moi*e worthy of their choice, and of 
her royal acceptance and approbation." To this 
the Lord Chancellor answered that the Queen ex- 
pected nothing else from that House, "than the 
choice of a person for their Speaker equally quali- 
fied for that important trust, by a just regard for 
her prerogative, and an hearty zeal for the wel- 
fare of her people ;" and the Queen further stated 
that their choice was acceptable to her and there- 
fore approved and confinned it. In 1714, Mr- 
Spencer Compton was chosen. He stated liis in- 
capacity to act, and professed the most unshaken 
fidelity to the protestant succession. He said, 
'* This your Commons hope may be some excuse 
for their presuming to present to your Majesty a 
person whose iusulficiency rendered him so im- 
proper for them to elect or your Majesty to ap- 
prove." The same individual in 1722, besought 
His Majesty, " to command your Commons to 
present to your Majesty, some other person more 
worthy of your Royal approbation." Mr. Arthur 
Onslow in 1727 craved leave to implore His Ma- 
jesty's goodness " to command your commons to 
do, what they can easily perform to make choice 
of another person, more proper for them to pre- 
sent to your Majesty on this great occasion." Mr. 
Onslow in 1734, hoped the king would send back 
the Commons to reconsider their choice and chooae 
one " more proper than I am for their service and 
yoar royal approbation." The same gentleman 



441 

m 1741 stated that he had been elected Speaker, 
" how properly for me, for themselves, and for 
the public is now with your Majesty to judge, and 
to your Royal judgment, Sir, I do with ail humble- 
ness and resignation submit myself, being well as- 
sured that should your Majesty think fit to dis- 
approve of this present choice your commons will 
have no difficulty to find some other person among 
them to be presented to your Majesty on this oc- 
casion, to whom none of these objections can be 
made which I fear may too justly, from my imper- 
fection, arise in your Royal breast, upon being 
again the subject of your Majesty's consideratioa 
for this important charge." In 1747 the same 
gentleman begged with silence and submission to 
resign himself to the Royal determination. In 
1 754 the same gentleman in addressing the Lord 
Commissioners, stated that he resigned himself 
" entirely to His Majesty's pleasure, Avell know- 
ing his own Royal wisdom can have best deter- 
mined his own choice either to approve or disap- 
prove what his commons have now done. Sir 
John Oust in 176], said, " I have this satisfaction 
that I can now be an humble suitor to your Ma- 
jesty that you would give your faitliful commons 
an opportunity of rectifying this, the only inad- 
vertent step which they can ever take and be gra- 
ciously pleased to direct them to present some 
other to your Majesty whom they may not here- 
after be sorry to have chosen, nor your Majesty 
to have approved." The same person in 1768 ad- 
dressed the Lord Commissioners. " His Majes- 
ty must, I am assured have observed so many im- 
perfections in my conduct during the last Parha- 
nent that I need urge no other reasons to induce 
Bis Majesty to give his faithful Commons an op- 
i x)rtunity of presenting one worthier of their choice 
i Lnd His Majesty's loyal approbation." The ad- 
|irese«s of Sir Fletcher Norton in 1770 and 1774, 



442 

atid of Mr. Cornwall ia 1780, and 178), nr© 
nil in tho same str.in. la 1789, 1790, 1796 
ami 1807, Mr. Addinj^t.ou implored iho king 
to direct the commons to proceed to a ne\v 
choice and to pres(MU one more worthy ot 
the royal approbation Mr. Abbott in 1807 
(Said "in humbly «uhmitting myself at tins 
bar to his Majesty's judj^ment, I have tho 
satisfaction to reflect, th;U if it should be IIis 
Majesty^s Royal |)loasure to disallow this 
choice."" Again in 1812, ho said " whatever 
considerations may have weighed with the 
House of Commons in forming this deter- 
mination, they Avell know that their choice 
mnst nevertheless await the Royal pleasure, 
and i now with all humbleness do in their be- 
half present myself in this place in order that 
His Majesty's 'faithful Commons may loara 
whether it be His Majesty's Royal will that 
ihoy sliall proceed to a consideration of the 
' choice which they have made." In 1820 
Mr. Snlton addressed the Lord Commis- 
sioaerr., ''should, however, it bo Mis Majes- 
tt's pleasure to r(\ject the choico thus made 
by His faithful Commons, it is consolatory 
to me to know, that there are many mem- 
b^v;5 of the housc much l>etter qualiiied than 
wiyself to fuliil the oince of Speaker, upoa 
one of whom their choice may most advan- 
t;!c;eously devolve." These numerous dec- 
larations ofSpeaker in various yean-i, speak- 
iiv'foraud in the names of the Commons 
©f^England aro heavy arguments against tho 
prehensions of our Assembly. It is not very 
likely that a British Houso ©f CommoB*, 



443 

TTCuId permit their Speaker for them, 19 
use such language, did they not acknowl- 
edge the Royal Prerosralive, and that iatba 
Irjnguage thus used, there is something mora 
than mere matter of form, or mere courtesy. 
If any of the Members of the late Assembly 
Tsill cousult the Journals of the Irish House 
of Commons, he v.ill find the same strain 
made use of throughout. There in 1639, 
Jilaurice Eustace appealed to the Lord Lieu- 
tenant to direct the Commons of that House 
to make choice of another Speaker, but Hiz 
Lordship by the Chancellor declared his 
•' approbation and good liking and allow- 
acceofthc said election." In 1771, Mr. E. 
S. Pern- addressed the Vice Roy, "I con- 
fess it is the highest point of my ambition, 
and if I have the honour of your Excellency's 
approbation &c." and in 1776, the same in- 
dividual said it was his "duty as well ai 
inclination to submit if their choice shall be 
confirmed by your Excellency's approba- 
tion." At the commencement of the House 
ef Assembly of Jamaica in 1671, it appears 
that the Governor nominated the Speaker 
who was then elected by the House and af- 
terwards presented for His Excellency's ap- 
probation, and during the whole period from 
the time already alluded to, the Speakers of 
that House have invariably been preseated 
for approbation and have invariably used 
the same language as the representative 
branch of England. The Journals of that 
Island afford a denial of the assertion that 
ibe presentment cf the Speaker and the de- 



444 

ffltthnd and grant of the usu&l privileges are 
mfere matter of form and courtesy. In 
1765, the Speaker did not demand the usual 
privileges when approved of, and the next 
day, the Governor (W. H. Littleton Esq.) 
addressed the Speaker, (C. Price Esq.) ia 
the following terms, "Mr. Speaker, as you 
onnitted at the time when I approved of the 
choice which the House of Assembly made 
of you to be their Speaker, to apply to me 
for the usual privileges, I have sent for you 
to ask, whether you will now make appli- 
eation for them or not. The Speaker re- 
plied " Sir, 1 do not intend to make any." 
The Governor replied " Sir I once more 
ask you whether you will now make applica- 
tion for thera or not" to which Mr. Price 
shortly said " Sir, I shall not." The Gov- 
ernor theu replied, as it is ray duty to see 
that the just order of the proceedings of the 
House of Assembly is preserved, and their 
privileges maintained as well as that His 
Majesty's prerogative suffers no violation, 1 
do in His Majesty's name dissolve the Gen- 
eral Assembly and it is dissolved according- 
ly. "In Nova Scotia iu 1806 both Mr. 
Tonge, who was disallowed, and Mr. Wil- 
kins who was confirmed, after election but 
before presentation, expressed their thanks i 
for the honour proposed to be conferred upoa , 
them, thereby publicly declaring that as yet . 
they w^ere but inchoate Speakers whose ex- 
istence had not yet perfectly taken place. 

But it can be shown also by the Journals 
©fth^ House of Assembly of this Province, 



-445 

that they have tacitly acknowledged thlg 
right. Upon every new Parliament they 
have invariably been directed and comnriand- 
ed to present their Speaker for the appro- 
bation of the King's representative. Thej 
never denied this right, but always did as 
Jhey were directed, and their Journals inva- 
riably say in such terms as the followin;^, 
*' that the house beinjj; returned, the Speak- 
er stated that the Governor in Chief had 
been pleased to approve of their choice.*' 
Mr. Panet in 1793, 1797, 1801, 180(3, 1809, 
1810, aad 1811, made use of nearly thesaKie 
language whether frons a paucity of words or 
not, it is ditlicult to iinajrine. He generally 
stated that the choice of the house had fallejj 
on him and he implored " the excuse and 
comvnands" of Ills Excellency. Mr. Delob- 
iaiere, elected on the appointment of Mr. 
Panet to the Bench, said " that you will 
be pleased to order the Assembly of Lower 
Canada to do that which may be easily done, 
that is to choose another person betterquaii- 
fiedthan lam to fill that office, and fitter to 
be presented to you on this present occasion." 
Mr. Papineau the Ex-Speaker in 181.5, 1817, 
1890, 182J, and 1825, {i;enerally made use of 
the same lanj;uage, by imploring the "ex- 
cuse and commands" of His Excelicney, and 
after approbation has replied '* the manner 
in which your Excellency has been pleased 
to signify your assent to the clioice of the 
Assembly, demands my warmest gratitude.'* 
When Mr. Papineau, in 1823, resij;ped tha 
Speaker's chair, in order tha,l he migiitpro- 
24 



446 

teed to England in aid of the Anti-TJniois 
Petitions, he addressed a letter to the Clerk 
of the House of Assembly wherein he made 
use of the following terms, " It is not there- 
fore to avoid fulfilliag the duties of that hon- 
ourable station with which it has pleased His 
Excellency the Governor in Chief and the 
House of Assembly to honour me." 

Mr. Vallieres when elected in 1823, in Mr. 
Papineau's stead, implored the excuse and 
commands of His Excellency, and after ap- 
probation, in his reply he returned thanks 
" since the choice of the House of Assembly 
has been sanctioned by your Excellency's 
approbation." At that time he had not the 
slightest idea that the approbation was '* a 
mere matter of form or of courtesy." 

NO. III. 

(Seep, 4.6.) 

PROVINCIAL PARLIAMENT OF LOWER 
CANADA.: — House of Assembly. 

Tuesday, Nov. 20th, 1827. 

The following gentlemen took the usual 
oath and subscribed the Roll, viz : 

Messrs. Christie, Robitaile, Borgia, For- 
tin, Letourneau, Blanchet, Boissonnault, 
Lagueux, Samson, Bourdages, Proulx, Nel- 
son of Sorel, Dessaules, De St. Ours, De 
Rouville, Amiot, L. J. Papineau, Viger, 
Quesnel, Cuviliier, Raymond, Heney, Les- 
lie, Nelson of Montreal, Perrault, Valois, 
Labrie, Lefebre, Turgeon, A. Papineau, 
leroux, Poirier, Deligny, Mousscau, Bu^ 



il 



447 

reaiT, Caron, Dumoulin,, Ogden^ Cannon, 
NeilsoD, Clouet, Vallieres de St. Real, Stu- 
art, Young, Lagueux, Quirouet, 46; absent 
Messrs. Laterriere and Larue, 2 ; elected for 
2 places, 1 ; dead, 1 ;^total, 50. 

At two o'clock, the presence of the Mem- 
bers was required on the part of His Excel- 
lency in the Legislative Council Chamber, 
when the Speaker of the Council informed 
them that his Excellency did not think fit to 
declare the causes ofsummoning this Parlia- 
ment until there be a Speaker of the Assem- 
l)ly, and requiring them to choose a fit and 
proper person to be their Speaker, to be pre- 
sented for his approbation to-morrow at two 
o'clock. 

On the Members being returned, Louis 
Bourdages, Esq. Member for the County of 
Buckinghamshire, seconded by J. C. Letour- 
neau. Member for Devon, moved that Louis 
Joseph Papineau, Esq. Member for the West 
Ward of Montreal, be Speaker. 

C. R. Ogden, Esq. Solicitor General, 
Member for the Borough of Three-Rivers, 
seconded by N. Boissonuault, Member for 
Hertford; moved that J. R. Vallicres De St. 
Real, be Sneaker. 

There being no debate, the question was 
called for, and a divison being asked, the 
names were required to be taken down, and 
are as follows : 

Yeas, {For Mr. Pa'pineau as Speaker,) 
Messrs, Robitailie, Borgia, Fortin, Letour-. 
neau,BlaQchet, L. Lagueux, Samson, Bour 
dages, Proulx, Nelson of Sorel, Dessaules^ 



448 

Do St. Ours, De Rtuville, Amiat, Viger^- 
Q,uesDel,Cuvi!lier, Raymond, Heney, Leslie^ 
Nelson ofMonrreal, Penault, Valois, La4>rie^. 
Lefebre, Turgeon, A. Papineau, Leroox; 
Poirier, Delig;ny, Moiisseau, Bureau, CaroB' 
Dumoulin, Canooti, Neilson, Clouet, E. C. 
Lagueux, Quirouet, (39.) 

Nays, Messrs. Ogden, (Solicitor General]^ 
Christie, Boissonault, Stuart and Young. (5.) 

Mr. Papineau was accordingly conducted 
to the Chair, where he ihanked the Hous& 
for the renewal of their confidence, request- 
ed a continuance of their support in maia- 
laining the Rules of the House and preserv- 
ing order and decorum in its proceedings. 

Tile House then adjourned, till to-morrow 
at one o'clock, and most of the Memhert 
1»'itb a number of the Citizens, conducted 
the Speaker elect to his lodgings. 

Wednesday, 2IstNov. 1827. 

The House met at one o'clock, and their 
presence being required on the pan of Hia 
Excellency, in the Legislative Council 
Cham!)er, Mr. Speaker elect, and the Mem- 
bers, proceeded thither, when Mr. Speaker 
addressed His Excellency in the usual form, 
acquainting His Excellency with the choice 
of the Assembly. 

His Excellency then said, in subsrancc, 
that in His Majesty's name he disallowed the 
nomination of Mr. Papineau, and required 
the House to make another choice, lo be pre- 
sented for his approbation on Friday, when 
kfi'tvould inform them of certain iostructiout 



relative to the affairs of this Province reccti^- 
<!d from His Majesty's Gtoverument. 

On returning to the House Mr. Papincfiti 
took the Ciiair, upon which Mr. Neilsop ob^ 
ierved that the Chair was still occupied hjr 
Mr. Papiueau, as the Speaker of the House, 
and they were perfectly competent to pro-^ 
ceed to husiness. 

' Mr. Ogden asked hy what authority Mf^ 
Papineau entered into that seat. His elec- 
tion as Speaker had heen disallowed byths; 
Crown, and he was now no higher in rianK 
or authority than any other member of th'ef 
House. He was nothing more than Mem- 
ber for the West Ward of Montreal. They 
had no Speaker nnd could not be looked up- 
on as a House, till a Speaker had been cho- 
ien with ihe appro1)atipn of the Grown. It 
would he the duty of the Clerk of the Housci, 
to report such proceedings as bad taken 
place, in the Upper-Branch of ibq Legisla- 
ture. 

Mr. Stuart stated that Mr. Papineati' 
should be cautious in taking the Chair. 

Dr. Blanchet insisted on the propriety of 
Mr. Papineau entering into the Chair of that 
House. He had been chosen their Speaker 
and until the new one was nominated, h©, 
6nly could preside at their deliberationa. 
The Clerk of the Assenildy did not belong 
to their body, and was not a cntppetent per": 
Bon to act on this occasion., jThe House wea 
perfectly competent to proceed to husines*, ? 
it had its Speaker and the alloAvance of ih^ 
Crown was perfectly unnecessary. 



450 

Mr. Paplneau reported that during the 
time the Members had been in the Legisla- 
tive Council Charaber, he had addressed 
His Excellency the Governor in chief in the 
usual form. To which His Excellency, 
Through the Honorable the Speaker of the 
Legislative Council, had addressed him as 
follows : 

Mr. Papineau, and Gerdhmenofthe Assemlly^ 

I am commanded by His Excellency the 
Governor in Chief to inform you that his 
His Excellency doth not approve ibe choice 
which the Assembly have made of a Speak- 
er ; in His Majesty's name His Excellency 
doth accordingly now disallow and discharge 
the said choice. 

And it is His Excellency's pleasure that 
you, Gentlemen of the Assembly, do forth*' 
with again repair to tlie place where the 
sittings of the Assemhiy are usually held, 
and there make choice of another person to 
be your Speaker — and that you present the 
person who shall be so chosen, to His Ex- 
cellency, in this House, on Friday next, at 
two o'clock, for his approbation. 

And I am further directed by His Excel- 
lency to inform you, that as soon as a Spea- 
ker of the House ot Assembly has been 
chosen, with the approbation of the Crown, 
His Excellency will lay before the Provin- 
cial Parliament certain communications up- 
on the present state of this Province, which, 
by his Majesty's express command, he has 
l^ea directed to make known to them. 



451 

Mr. Ogdensald he could not find any pre- 
cedents in the History of the English Parlia- 
ment, to permit such an assumption of au- 
thority as the present— Mr. Papineau, the 
Hon. Memher for the West Ward of Mon- 
treal, and who had also the honour of serving 
for the CouDly of Surrey, had assumed tho 
Chair of that House though not its Speaker. 
The instances in English History uhich he 
had been able to find, went directly to the 
contrary. He ought to leave the Chair. 

Mr. Bourdages called on the honorable 
member to cite his authorities. 

Mr. Vallieres then read from Hatsell'a 
Precedents the case of Sir Edward Sey- 
mour, who on being disallowed in 1678, did 
not return to the House, it seeming doubtful 
whether he could act either as a member or 
as Speaker. The proceedings in that caso 
had been erased from the Lord's Journals, 
though the discussions of the subject were 
found in Grey's Debates. 

Mr. Bourdages stated that the erasure of 
the proceedings would seem to point out the 
illegality of what the House of Commons 
had done, and that they did not wish them 
to act as precedents to future Parliaments. 
The case Mr. Vallieres had cited was direct- 
ly in favoL!'- ;>f his (Mr. B's.) opinion, since 
erasures h<\d followed its entry. 

Mr. Ogden was astonished at what had 
fallen from the honourable member who had 
just sat down. The precedent which had 
been cited was directly in favour of the pre- 
rogative of the Crown — it was astonishing 



452 

also, to hear some honourable members st«t- 
ing that the Crowa had not the prerogative 
of disaUowing their Speaker — a prerogative 
tphich was tacitly allowed by their own acts, 
did not positive law declare it. For what 
purpose did the House go up that morning 
to the Council Chamber, but to present their 
Speaker elect, for His Excellency's appro- 
bation ? Why should they do so if he had not 
ihe prerogative to ;^rant that approbation ? 

Mr. Cuvillier stated that the present case 
was almost unprecedented. There Averq 
only two cases on record in the English 
History of the disallowance of a Speaker by 
the King, and these instances were in 1450, 
when Sir John Popham, and in 1678 when 
Sir Edward Seymour, was disallowed. 
These instances were looked upon with 
shame by the English people, and no instance 
could be found of a disallowance of a Speak- 
er since the revoluiion in 1688, when the 
Constitution was re-model!ed. Though the 
House of Commons went up to the King, 
for his approbation of their Speaker, this 
was done as a matter of course, by poiitenes* 
only, and the King could not disallow hira. 
But allowing the king in England to have such 
authority, no instance in the Colonies could 
be pointed out to sanction such an assump- 
tion. The whole proceeding of disallow- 
ance was an encroachment upon the free 
choice of the House of their Speaker, and 
he would therefore submit a series of reso- 
lutions, which he hoped would express the 
Bdoso of the members. He then read the (oU 



45S 

lowing resolutiona, tending to dispute the authori'" 
ty of the Ciowii to disallow a Speaker. 

Resolved, 1. That it is necessarj' for the dis- 
charge of the duties imposed upon this House, viiw 
to give its advice to his Majesty, in the epactmehfc 
of Laws for the peace, welfare and good govem- 
raent of the Province, conformably to the Act of 
the British Parliament, under which it constituted 
and assembled, that its Speaker be a person of its 
free choice, independently of the will and pleasure 
of the person entrusted by his Majesty, with the 
administration of the local government for the time 
being. 

2. That Louis Joseph Papincau, Esquire, one of 
the Members of this House, v ho has seivcd as 
Speaker in six successive Parliaments, has been 
duly chosen by this House to be its Speaker in the 
present Parliament. 

3. That the Act of the British Parliament under 
which thi^ House is constituted and assembled, 
does not require the appvoval of such person so 
chosen as Speaker, by the person administeiing 
the government of this Province in the name cf 
his Majesty. 

4. That the presenting of the person so elected 
as r**^ eaker, to the King's Representative for ap- 
proval is foimded on usage only, and that such ap- 
proval is and hath always been a matter of course. 

.5. That this House doth persist in its choice, 
and that the said Louis Jo:?eph Papineau, Esquire, 
ought to be and is its Speaker. 

Mr. Ogdea stated no motion could be received 
till a Speaker was nominated, and the m2,ce on 
the table, which was not now the case. 

Mr. Vallieres stated that the members, who had 
taken the side of the crov/n, argued that the House* 
tacitly adm.itted the autho ity of the crown to dis- 
allow, when they asked for approbation. Did not 
the House at the same time ask for freedom of de- 



454 

bate, for their ancient privileges and rights, and 
would they not be astonished if his Excellency 
were to deny their requests. No instance could 
be produced, since the revolution of 1688, of such 
allowance, and in every respect the address to the 
King's representative was but an act of politeness 
on the part of the House. 

Mr. Ogden was happy in having it in his power 
to answer the Honorable member for Huntingdon 
(Mr. CuviUier.) On many occasions he had heard 
the Colonics cited as favourable to the views of the 
former houses — when they were asked to vote a 
civil list after the example of England — the ans- 
wer was that the Colonies did not do so. He 
would now cite an instance from Nova Scotia in 
1806 when the Speaker elect was disallowed, and 
a new one chosen in his place by the Lower House 
of that province. He hoped the House would now 
follow the act of the Colony they were so fond of 
referring to tor example. 

Mr. Quesnel stated Mr. Papineauwas the Spea- 
ker of the House and the mace ought to be on the 
table. ' 

Mr. A. Stuart stated though his opinion might 
differ from that of the majority of the mem- 
bers he would not shrink from addressing t«v>m. 
He could not deal in the same roundness of asser- 
tion or boldness'of assoveration as the Honourable 
membei: for Huntingdon, (CuvilUer) but he would 
make some remarks on what the gentlemen had 
advanced — The mace could not be on the table 
till a Speaker was chosen — they had no Speaker 
and no motions could be mooted now. He would 
not refer to the qualifications or the personal char- 
acter of the individual who had been yesterday 
chosen by the member? — but he would briefly re^ 
mark that their Speaker ought not to be a leader 
of any party in that house — he ought to be an in- 
dividual who was not hostile to the Executive part 



455 » 

of the Government, or in any way unfriendly to 
the representative of the Sovereign. His duty is 
to carry the flag of truce between the contending 
parties in the body over which lie presides — it be- 
comes him to carry the wliite flag of peace — not 
the bloody flag of war. Would the House of 
Commons of England elect an individual to tho 
■ Speaker's chair who had rendered himself obnox- 
ious to the Government by liis gross inconsistency 
of conduct ? — certainly not. No Speaker would 
there be chosen who had placed himself in person- 
al collision with the Government, and such a 
choice if made would never be acquiesced in by 
the people. The duty of the Speaker is well de- 
fined. He is a mediator — he is to preside over a 
popular body from its very nature equally liable to 
storms as the ocean. The election of an individ- 
ual the known head of a party would in England 
be considered a disgrace if such an election ever 
shoald take place, but the good sense of the peo- 
ple of that country rendered such a supposition 
improbable. — They elect the Speaker for purposes 
of public good (a duty not to be expected from tho 
avowed head of a party) and for the purpose of 
allapng the difficulties which arise in a populnr 
body. That the Crown has a right of refusing tho 
Speaker named by the House has never till this 
moment been denied. !t is absolutely necessary 
that a person should be chosen whose character 
and disposition were such as to be agreeable to 
that branch with which he was to be continually 
in communication. It is also absoluteh'^ necessary 
that the power should exist in the Executive to 
give or refuse its approbation of the choice mada 
by the House — As far as authority and law go, 
they had no right to proceed to any business till 
the Speaker was named, and he could not he^ 
named till the approbation of the Governor was 
attained — If the law was such how could the macfe 



456 

o^f the Speaker be placed on the table without flying: 
^iirectly in the face of that authority which had de- 
clared its disappixbation of their choice — how could 
they proceed to the consideration of any business, 
without the approbation of the Government. The 
Clerk of the House is the individual lo whom all 
the addresses of the members ought to be spoken: 
he is then chairman — he acts as such ex neceesi- 
tate rei — there is no necessity that the Speaker 
elect, should on this occasion have taken the chair 
to report M'hat had occurred this day in the Upper 
House — for any one of the members was compe- 
tent to declare such proceeding as they were to 
etate the order of yesterday to elect a Speaker.. 
The Speaker chosen by the House takes the Chair 
Bubject to the approbation of the Governor in 
Chief — he has only a quasi possession of it, till the 
period when he goes up to the Upper House — for 
nis appointment is subject to a defeisanee or a fur- 
ther confirmation by the Executive. He is noth- 
ing more than an inchoate Speaker — a Speaker 
yet in embryo or he may be considered as an ab- 
solute Speaker whose title is absolute, should the 
conditions to which it is subject not be enforced. 
The approbation of the Executive not being given, 
he ceases to be a Speaker. He is the organ of 
tliat House only till the choice is finally determin- 
ed and who is the competent authoiity to deter- 
mine that choice ,? The Government only. Th.e 
Governor acting for the King had disapproved of 
their Speaker elect and he is a competent author- 
ity. To what tribunal could thej^ appeal but to 
themselves — They must in all particulars elect ac- 
cording to the law of the land. 

Mr. Neilson said the House were called on to 
«l©ct a Speaker, but it since appeared they were 
Dot to elect. 

Mr. A. Stuart. — By law we have proceeded m 
mm choice and have done what we could — but 



457 

the work is not finished. We have the free choit* ' 
and power to choose whom wehke, and now that ■ 
we have been sent back to re-consider our choice, 
we can again elect Mr. Papineau and again prf> 
eent him for approbation. — If again disappioved of 
we must proceed de novo. The present incum- 
bent ought only to have made the communication 
he had received, and nothing more. His assum- 
ing the chair at the present tim.e is an usuiped au- 
thority, and could riot be countenanced. Tbe 
mace must not be put on the table. 

Mr. Papineau stated his intention to have been, 
only to have made the communication of proceed-, 
ings and then retire, because he locked upon the> 
Clerk as not a competent organ of communicti.- ' 
tion. He then left the Chair. 

Mr. Cuvillier moved his first resolution. 

Mr. Ogden opposed it on the ground that tl>e, 
Clerk could not listen to any motion that did not 
relate to the election cfa new Speaker. They had 
no reasons to cfler for their choice,andat the same 
time that they so strenously insisted on their own 
privileges, they ought not to forget that the other 
branches had theiis. 

Dr. Labrie stated, they had all an account yet to ' 
render to their constituents. — The Doctor moved 
an adjournment till tc-morrowat 10 cf the clock, 
which was seconded by Mr. Ogden, and carried. 
Thursday, 22d November, 1827. 

The house niet at 10, pursuant to adjcurnrnent. 
The Cieik stated that at the adjournment the}- 
were considering Mr. Cuvilier's 1st Resolution 
which had been seconded by Mr. Leslie. Mr. Og- 
den stated, he had opposed the motion yesterday/ 
as tending to destroy the privileges and the prerog- 
atives of the down. They had no right to have* 
any motion before them, but elect a Speaker. He 
was soriy that so much time had been lost, but it 
bad given him an opportunity to search for pre-^ 
ficdenta. He had found that the House cf Com- 



458 

mons in 1672, acted differently to what the House 
of AssembI)? were now doing. Then, a member 
had made a complaint of privilege previous to the 
confii-mation of the Speaker by the Crown, and it 
was decided that no proceedings could be had till 
a Speaker was approved. Let the motion before 
the House be for the re-election of Mr. Papineau, 
and he could not object to their hearing it, but to 
bnng forward a string of Resolutions was contra- 
■ ry to what he conceived riffht. He therefore, en- 
tered his protest against such an illegal, unprece- 
dented and unwarrantable proceeding. The mem- 
bers who had urged these Resolutions ought to 
cite precedents to satisfy the new members of thkt 
house. He had shewn a precedent of the rule to 
be adopted. Upon what grounds were they pro- 
ceedmg ? By what rules were they to be bound ? 
By their own ; which said that reference was to 
be had to the Commons of England, where their 
own rules were deficient. 

Mr. Cuvillier said, they could only proceed to 
the election of a Speaker. Did not the Resolu- 
, tions before the House, by declaring Mr. Papin- 
eau the Speaker, relate to that subject? The 
House claimed a right, viz. that Louis Joseph Pap- 
jJieau was the Speaker, that the act of the 14 Geo. 
HI. gave no power to the Governor to disallow the 
motion of the House. If the motions were foreign 
to the object of the Speaker's election, the Clerk 
could refuse them, but they were perfectly in order. 
Mr. Neilson.— Many examples might be found 
m the Journals when motions were received before 
the ratification of the Speaker, concerning writs of 
election. 

Mr. Ogden.— They have all since been expunged. 

Mr. Vigersajd, that the Hon. member for Thrce- 
Rivers (Ogden) was correct in saying, that if they 
employed themselves in debating* any subject for- 
eign to the election of the Speaker, it should be 



459 

laid aside, — for the House must have a Speaker, 
before we could proceed to business. It was a 
principle well established, that a motion, not per- 
tinent to the subject, could not be received. But 
the present Resolutions were relative to matters of 
debate. They were losical deductions from mat- 
ters of fact, and estabHslied principles from which 
consequences wer^ to be drawn, 

Mr. A. Stuart would keep himself to the point 
in question. He had yesterday endeavoured tn 
prove the Governor had the prerogative of disal- 
lowance, and he had heard notliiug advanced to 
the contrary. How can the House send these 
Resolutions to the Governor ? By what organ ? 
— They should act in accordance with that respfrt 
and kindness that ought to exist between the two 
branches. The members ought to keep up the 
forms. The only way was by an address. The Hou- e 
must go on Friday with their new Speaker. He 
never heard of Resolutions being sent to the King 
or his representative in the manner proposed, and 
he knew not how the Resolutions could be sent to 
the Governor. The House of Commons, in Sir 
E. Seymour's case persisted in their choice, and 
voted an address to the King stating their reasons 
for persisting. The King replied in the negative, 
upon which debates took place. The example 
might here be followed — this was a form, though 
some members despised form, and thought more 
of their own understandings than the wisdom ol' 
ages. If the House was determined to inform the 
Governor of their purpose, they must do so by ad- 
dress. 

Mr. Quesnel. — If by following the House of 
Commons, they did it suaviter in modo — they 
ought to act fortiter in re. The representatives « »f 
this country knew their rights and had two metli- 
ods of sending the Government notice to their in- 
tentions — and that was by address or by message. 



4^0 

Tiie reasjon of Mr. Seymour's disallowance, ha4. 
been the Icing's promoting him to a more elevated 
rank, but the House wished to retain him. Iftho 
Governor had stated his intention to make Mr. 
P'apineau Chief Justice, they might still think ho 
"waa £oing to serve his country, and act according- 
ly. But no such offers had been made, and the 
^tJouse must persist in their choice and adopt tho^ 
llijsohitions. 

Mr. Christie said, the 1 st Resolution wa.s am- 
biguous and wished Mr. Cuvillier to state whether 
ho would pretend to say the Crown could elect in- 
dependently of the Sovereign. He hoped he would 
bo precise and explain his views. 

Mr. Cuvillier. — The resolution explains itself. ' 

Mr. Borgia addressed the Clerk, but in a voice 
too low to afford us an opportunity to report. He 
said, , the precedents quoted were during the 
Reign of Chas. '2d, when lib3rty was but feeble — 
during a most stormy period. To the honour of 
the House of Commons, the proceedings were ex- 
punged. 

Mr. Ogden ftiovedthe previous question, wheth- 
er the Resolutions would be heard. 

Mr. Stuart seconded the motion. 

For motion, 4 Against, 39. 

Tlie Resolutions were then carried. 

Mr. Papineau than took the Chair, and the 
Mace was put on the table. 

Mr. Ogden asked, by what authority Mr. Pa- 
pineau took the Chair and the Mace was on tho 
table — whether by a new election, or by a perse- 
verance in their former choice. 
; Several voices, " by former choice." . 

Mr. Ogden, Stuart, Young, and Christie, imme- 
diately left the House. 

Mr. Vallieres moved an address to the Governor 
which he said was nearly the sa -ne as in Sey- 
Kwur's case, explaining their reasons for persisling; 



461 

« . . >• 

Hi? Excellency could not refuse accepting t!ie ad» 
<lress, as the King had done so in Seymour's case. 
The King had made certainly a short answer, but 
still he noticed. Mr. V. moved, that messcngeri 
he appointed to carry the address. Messrs. Val- 
lieres, Cuvillier, Bourdages, Letourneau and Pa- 
plncau, wore appointed. 

The House adjourned till to-morrow, Friday, at 
1. But the House never rnet again, being pro- 
rogued by Proclamation. 



NO. IV. 
(p. 97.) 

Extracts from the Resolutions passed at a 
General Meeting of thtinhahiiants of Montre- 
al, 5th Be,cemher, 1827. 

"Resolved,— That anion,? other unconsti- 
tutional powers which the Mouse of Assem- 
bly has arrogated to itself — the claim set up 
on a recent occasion to appoint its own 
Speaker, independently of the allowance, 
and approval of the Kioj^ or of His Majesty's 
Representative, is in the opinion of this 
Meetinj? without precedent in tite practice of 
the British Parliament and Colonial Assem- 
blies, and highly dangerous, and subversive 
of the undoubted and hitherto undisputed 
rights and prerogatives of the Crown in tbii 
Province. 

*' Resolved, — That in the opinion of this 
Meeting, His Excellency the Governor in 
Chief, under such trying and unprecedented 
circumslauces acted with a wisdom ao^^ 



462 

firmness becomiog his high character, an( 
Trith a proper regard to the rights and digni- 
ty of His Majesty's Crown, and the welfare 
of the inhabitants of this Province, in assert- 
ing His Majesty's prerogative, and in proro- 
guing the Provincial Parliament, a measure 
which whatever temporary inconvenience 
may arise from it, was the only one which 
his Excellency could consistently adopt with- 
out compromising those recognizedRights, — 
in the maintenance of which the inhabitants 
of this Province are very deeply interested." 

Extract from the Address founded on the 
above Resolutions, yresented to His Excellency 
the Governor in Chief. 

*'But although we had observed with 
melancholy presentiirseuts the tendency of 
the course adopted, which from the defec- 
tive state of our representation, derived on- 
ly from the Seignories, was unalterable ex- 
cept by some interposition of the Parent 
Country (such as occurred to repress the in- 
justice attempted towards Upper Canada,) 
we w^ere nevertheless not prepared for so 
sudden an exhibition of the spirit of domina- 
tion, so haughty a disregard of the Preroga- 
tives of the Crown, and so wanton a viola 
tion of the Constitution under which alone 
they exist, as has been manifested by the As- 
sembly, immediately before the recent pro- 
rogation. 

»* We feel deeply that k has been to tho 
power and prerogatives of the Crown that 
tiader Providence wo must chiefly ascribe 



463 

the preservation of those characteristics hf 
which this province can be distinguished as 
an English Colony. We feel that these pre- 
rogatives and power, necessary to good gov- 
ernment throughout the British dominions, 
must be to us in this Province more essen- 
tial, as constituting our chief refuge in dan- 
ger, our strong tower of defence against 
feudal ascendancy, and our sole reliance 
against anarchy and confusion." 

Extract from the Resolutions passed at a 
similar meeiinsr, held at Three Rivers, Decem- 
ber, 1827. 

" X. That it is both with sincere and ex- 
treme regret this meeting witnessed, shortly 
after the prorogation of the said , twelfth 
Provincial Parliament, the conduct of seve- 
ral leading members of that Parliament, 
headed by the Speaker of the House of As- 
sembly, L. J. Papineau, Esquire ; conduct de- 
serving the highest censure of a free people 
knowing the bounds of their constitutional 
rights and privileges, in as much as, by pub- 
lications and other inflammatorj' means, ad- 
dressed to the passions and prejudices of a 
simple but honest and loyal peasantry, they 
endeavoured to destroy the wonted respect 
entertained by the people of the King's Re- 
preseutativs in this province, by defaming 
his personal and parliamentary conduct; be- 
ing in his latter character alone responsible 
to parliamentary check and inquiry, and ia 
the former to himself and the laws ofbi» 
Country. 

*' XL That it is with equally deep and sin- 



464 

•er© regret this meeting have 'witnessed a 
party, hy no meanis inimical to the views of 
the same individual, during the late elections 
and at various other times, endeavouring to 
establish national and religious distinctions in 
a Province where it is the interest of all to bo 
united under on© King and Government, 
and where every individual is protected in 
the worship of his God in the w' ay mostap^ 
proved by his conscience ; and where, in ono 
word, priest and people are equally protect- 
ed in their secular as well as sacerdotal right* 
tad immunities. ; 

*'XII. That, therefore, the thanks of this 
Meeting are in a peculiar manner due to Hi« 
Excellency the Governor in Chief for hav- 
ing, at the late Meeting of the first Session 
of the thirteenth Provincial Parliament, ex- 
ercised thai brjinch of the royal prerogative, 
which in common with every other negativo 
power, is so essentially the legisl.'itive capa- 
city of the Crown, allows a negative, upon 
the House of Assembly's choice <if Speaker, 
with respectlo thesnid L. J. Papineau. Esq, 
an individual who has iderdified himselfwith 
the most unwarrantable breaches upon ouir 
Constitution, and the njost unjustifiable in-* 
tults to Kis Majesty's Crown and dignity, 
through the person of his tioble representa- 
tive in this Province. 

*'XIII. That it is with abhorrence aucf 
alarm this meeting have heard of the unpre- 
cedented assurance of the House of Assem- 
bly, last above referred to, in violating the 
C@DstituiioD and the King's just and legal 



465 

.jfiferogative, in presisting to declare thew- 
'«hoico of Speaker absolute, without the ap- 
probation of His Majesty's representative, 
according to the ancient customs of both Im- 
perial and Provincial Parliaments. 

XIV. That the thanks and gratitude of 
this Meeting are also due to His Excellency 
the Governor in Chief for his constitutional 
firmness in withstanding so violent an attack 
upon His Majesty's lawful prerogative." 

Extract from the Address, to his Excellency 
the Governor in Chief, founded on the forego-- 
ing resolutions. * 

'* We also complain, that thoy have r(&- 
fused to admit your Excellency's negativj* 
tipon their choice of Speaker, and persisted 
in declaring that choice absolute without the 
Rpprobation of your Excellency ; thus de- 
nying an undoubted Prerogative ofthe Crown 
and an inherent principle in the Constitu- 
fion ; and that their uniform disregard nod 
contempt of your Excellency's recommend- 
ations, even when accompanied by instruc- 
tions and despatches from his M;ijesty's Pa- 
ternal Government, betray a spirit no les^ 
destructive ofthe supremacy of the Mother 
Country, than hurtful and prejudicial to tho 
true interests of his Majesty's loyal subjects 
in this Province. We complain, moreover, 
that a leading and influential party amongs£ 
them, untrue to their duty as representative* 
of a free people, arid disregarding that gco- 
«rous spirit of conciliation which should ever 
characterize the people of this Province, &ii4 



466 

jr>«rmanotJlly unite them in one bond of na- 
tional feeling and sentiment, avail thomselve* 
of every means and opportunity to institute 
civil and religious distinctions for purposes 
as unworthy of true partriotisra as detriment- 
al to the happiness and prosperity of this pari 
of the Uritish Empire." - 

. Ei'tract from the Resohttwjis of the liki 
meeting held at (Quebec, 24/A December, 1827. 

1. Ilcsolved — That in the opinion of thi* 
meeting, it is the well-estahlished prerogative 
of Mis Majesty to disallow or confirm the, 
Election of the Speaker of the Assembly of 
this rroviuco. 

2. That, in the opinion of this meeting, 
the public conduct of the person elected to 
1)0 the speaker of the Assembly, at the lato 
meeting of the Provincial Parliament afford- 
ed sultk'icnt grounds for the disallowance of 
his Election, and that the exercise of that of- 
fice by him was incom|)atihlo with the good 
understanding which ought to subsist between 
the Assembly and the other Branches of the 
TjOgislaturo. 

3. That, in the opinion of this meeting, the 
Assembly by pertinaciously jiersevering in 
an election, which, in the exercise of the Roy- 
al Prerogative, had been disallowed, render- 
ed the prorogtition of the Legislature matter 
of indispensable necessity, and is chargeablij 
with all tiie public inconvenience and injury 
consequent on an interruption of the pro- 
ceedings of the Legislature." 



467 

Extract from the Address founded on the 
above Resolutions. 

" We, His Majesty's dutiful and loyal sub- 
jects, Inhabitants of the City and vicinity of 
Quebec, beg leave most respectfully to ap- 
proach your Excellency for the purpose of 
expressing the entire satisfaction we have 
derived from the firm and dignified conduct 
evinced by your Excellency, on the recent 
tiieetiug of the Legislature of this Province, 
iQ the judicious exercise of the Royal Prero- 
gative, by the disallowance of the Speaker, 
chosen by ihe House of Assembly, and in the 
Prorogation of the House on their subsequent 
proceedings. 

" The Prerogative of His Majesty, to dis- 
allow the Election of a Speaker of the House, 
we maintain to be incontestil)le and co-ordi- 
nate with the right of approval of that choice. 

•' We deeply regret in common with other 
of His Majesty's subjects, solicitous for the 
welfare, peace and Constitutional Govern- 
ment of this part of Flis Majesty's Dominions, 
that a sufficient regard for established autho- 
rity and for the Public Interest was not found 
in the Majority of the House of Assembly, to 
have restrained them from their pertinacious 
perseverance in the Election of the person 
disallowed by your Lordship; and while wo 
view the interruption of Public Business by 
the Prorogation of the Legislature as a most 
serious evil to the Province, we are at the samo 
lime fully satisfied that under circumstances, 
there was no alternative left for your Lord- 
ship,oa this uncommon and trying occasion." 



46S 

NO. V. 

, COURT OF KING'S BENCH.— Quebec. 

Chasseur vs. Harnel. 

^hia important case came regularly before the 
Court on Wednesday last when itwaa ably argued 
by the Attorney General, on behalf of the Defen- 
dant, the Counsel for the Plaintiff not appearing 
to euppoit his dcmuirer : — and on the last day of 
the Term the Judges proceeded to give judgment 
as follows : 

Chief Justice. — This is an action for a trespass, 
or volde de fait. The declaration of the plaintiff 
sets torth that the defendant entered into the 
[>laiatitr's house, and seized and sold certain arti-' 
cles of moveable property, belonging to the plain-, 
tiff, without any lav.'ful authority so to do ; and 
therefore he prays colnpensation in damages. The 
defendant, by an excepiion peremptoire en droit, 
justiiies the entry, seizuie and sale of tlio property 
in question, und-^r the authority of a judgment 
awarded by a Militia Court INIartial against the 
defendant, for a line of ten shillings incurred un- 
der and by virtue of the provisions of the ordin- 
ances of the ^Tth Goo. III. cap. 2, and 29th Geo. 
Ul. cap. 4, fai a breach of duty. This justification 
iho plaintiff has traversed by a general denegation 
of the fact and of the law. The cause has been 
heard upon the pleadings, and the question sub- 
tnitted to us i:?, whether the justification be a suf- 
ficient bar to the action ? if the matters of fact 
stated in the plea bo true, aiul this question turns 
entirely upon the inquiry whether the Militia Or- 
tjinance pass :d in the 27th and 29th Geo. III. bo 
or be not now in force. 

These ordinances wore passed by the Governor 
and Legislative Council, under the Quebec act, 
Wore the establishment of the present constitu- 
tipn, tvad were permanent acts. But by the Pro* 



I 



469 

Tincial Statute 54 Geo. III. cap. 4, they were re- 
pealed in these woids : — " And be it further en- 
*' acted, that from and after the passing of thi« 
^* act, ai ordiiance of the late Piovinceof Quebec^ 
"** passed in the 27ih year of liis Majesty's leign, 
" intituled, itc. and also a . ordinance passed ia 
■" th3 2i)th year of his Majesty's reign, intituled, 
" &c. shatl ho, and they are hereby repealed," Th© 
Provincial Statute 34 ueo. III. c. 4, was not, how- 
ever, a permanent act : it was a temporary act ia 
consequence of the 35th section which is in these 
woids : " And be it fuither enacted, by the au- 
•* thoiity aforesaid, that this act shall be and con- 
" tiuue in fo^ce f om the passing theicof, until tha- 
" first day of July, which will be in the year of our 
" Loid 1706> and no longer." And from hence haji 
arisen the doubt whether the o.dinances lepealed 
by this s.atute were repealed permanently, or tern* 
poi a:, ily. 

I admit the principle that a temporary act may 
repeal a permanent statute ; but lo effect such a 
repeal, the intention of the legislature to be so 
shv uld, in my opinion, be manifest ; for, prima, 
face, an act which is declared by the legislature 
ger!erally to be temporary, otight to have no other 
than a tempo aiy effect. "If," says Mr. Justice 
Bayley, speaking of the usual clause of continu- 
ance in tempoiaiy acts, in the case of the King vs. 
Rof'-ers, (10 Eist, p. 575) "this act mean tho 
*' whole cf the act, then there is an end of tha 
" question. — And I consider it as relating to tho 
" whole act ; and after the time limittd by the act 
" for it to have effect, I consider the question the 
•* same as if that act were no longer to be found 'm 
" the statute bock." 

If the present case had stood upo(n thisgiound^ 

I should have thought it to be a case in which tha 

intention of the legislature to repeal {-eimanently, 

wa3 particularly lequircd to be manxlcst upon th^i 

25 



470 

face of the statute ; the consequence of a perma- 
nent repeal of the ordinances would have been to 
leave the province, its government, and its inhab- 
itants, vt'ithout the p"otection of a Militia, and so 
far in a defenceless state, in the immedia'e vicini- 
ty of a foreign dominion ; and to presume such 
an intention in the legislature by mere const-'uc- 
tion, is that which, in my opinion, could not be 
done. 

But the case stands ui30i batter ground, name- 
ly, the construction of the Legislature itself as to 
the effect of the 34th of Gao. the III. cap. 4. upon 
the ordinances v/hich is expressed in the subse- 
quent statute of the 43d Geo. III. c. 1. sec. 53. To_ 
explain this, I mu':t obsei-ve that the 34th Geo. III. 
c. 4. was continued by the 38th Geo. III. c. 1. sec. 
63, to the first of July 1802, and f/om thence to 
the end of the then next Session of the Provincial 
Parliament ; both these Statutes, however, were 
repealed by the 63 J section of the 43d Geo. III. 
and to prevent the operation of the Ordinances 
of the 27th and 29th G;o. III. which, inconse- 
quence of this repeal of the Statutes, would have 
revived, if their repeal was temporary. They (the 
ordinances) by the same 53d section, were again 
repealed duiing the continuance of the 43d of 
Geo. III. ; and this clearly shews that the previous 
Statutes and the suspension of the ordinances 
which they con tain ea, were considered by the 
Legislature to be co-equal in their duration, and 
consequently that the o iginal intention of the 
Legislature was to effact a temporary repeal of 
the Ordina :ces and no more. Had it been other- 
wise, and their original intention had been to ef- 
fect a permanent rep3al, there would have been no 
necessitv for a second repeal. 

It will be admitted that the Legislature is the 
best interpreter of its own intentions and of its own 
acts : and as no alteration has been made in any 



471 

Statute subsequent to the 43d Geo. III. which 
bears upon the question now before us, and tha 
original repeal of the dinances was temporary 
and not permanent,we are of opinion that upon th« 
the expiration of the last Statute 5 Geo. III. cap, 
21. on the first of May 1827, the Ordinances re- 
vived and have since continued to be and still are 
in force. 

Kerr, J. — Since this question first came to be 
mooted, I never entertained the least doubt upon 
the subject. It is entirely a question of construc- 
tion that is, whether the probationary statute 34, 
Geo. III. cap. 4. and the subsequent expeiinent- 
al acts did, or did not, operate a permanent re« 
peal of the Provincial Militia Ordinances ? The 
very preamble of the 34th of the late King shew* 
the anxiety of the Legislature to provide for the 
protection and security of the Piovince, and that 
it is considered a well organized Militia as the 
best means towards thege objects. The words irj 
the preamble are " whereas a itspectable Milj- 
" tia, established under proper regulalicns, is es- 
" sential to the protection and defence of thisProv- 
" ince." The same vv'ords are to be found in the 
next, and, I believe, in every succeeding temporary 
act relating to the Militia , and are we in the ab- 
sence of any express enactment to presume that 
the Legislature intended, by the clause of repeal 
in these temporary statutes, to withdraw from 
the Province that protection and security which a 
Militia is calculated to afford ? There is not only 
an abaence of a plain and clear dec}a:ation of tjie 
intention of the Legislature that these ordinance* 
should be for ever repealed : but a presumption of 
the strongest kind, derived fiom the words of the 
temporary acts to the contrary. There is another 
circumstance which has veiy great weight on my 
mind, derived from the Civil Law of the country. 
Here the Militia are, in seme respects, miniatexi 



472 

•*f jastice, adding; strength to the civil arm, 
as well as a militnry force for its defence ; 
and can we presume that the Legislature 
ifaould he so wanting to the interest of their 
fellow-cirizens, as to meditate the depriving 
the civil magistrates of their support T The 
authority of the King vs. Rogers, is to my 
mind conclusive, and I am of opinion that 
judgment should be entered for the Defend- 
tots. , 

BowEN, J. — I also heartily concuv* in tho 
result of the opinion just delivered by tho 
learned Judges who have preceded me, al- 
.though when the revival or non-revival oT 
the Militia Ordinances, first came under con- 
tideration in another phice, where I hnvo 
the honour to hold a sear, the opinion which 
I then entertained was different. — Thisliow- 
ever proceeded from my having over-looked 
the second repeal of ihese Orditiances con- 
tained in the 53d sec. of the statute 43 Geo. 
Ilf. c. 1. and having considered the question 
solely upon the words of repeal as contained 
in the first statute 34 Geo. III. c. 4. Tho 
latter is etititled " An act to provide for 
•♦the {greater security of this Province hy tho 
** better regulation of the Militia thereof, and 
•* for repealing certain Acts or Ordinances 
•* relating to the same." The preamble re- 
** cites thai •' a respectable Militia under pro- 
•• per regulations is essential to the protec* 
** tion and defence of this Provinct; and tho 
"laws now in force are inadequate to the 
** purpoHOs intended." The 31st sectiua 
iheo euacu *' that from aad after the pa«- 



473 

** sing of this Act— (March 1793,) an Ord- 
" iiiauce of the late Province of Quebec, 
** passed ia the 27th year of his Majesty's 
*' ReigQ, eotitlecj "An Ordioaoce,* &c. 
•' and also ao Ordinauce passed ia the 29th 
*' year of his Majesty's ileign, entitled *' An 
*' Act or Ordinance,! &c. shall be, and 
'* they are hereby repealed." — And by tho 
35th section, it is enacted " that this Act 
*' shall be and continue in force from tho 
*' passing thereof, until the 1st of July, 1796, 
" and no longer, provided always that if at 
" the time above fixed for the expiration of 
*' this Act, the Province shall be in a state 
" of war, invasion or insurrection, the said 
** Act shall continue and be in force until the 
•' end of such war, invasion or insurrection." 
What XV j\s the intention of the Legislature 
in any case, can only be collected from tho 
Janguage used by it in its enactments, and ia 
every such case it becomes a question of con- 
struction as to what the Legislature really 
intended. 

It EJ a clear rule that by the repeal of a 
repealSnjj; Statute, the original Statute ia re- 
vived, for by so doing the Le;2;islalure de- 
clares that the repeal shall no longer exist, 
'and it is the same thing if the repealing law 
itself provide that the repeal shall be only 
temporary. But it is not true, as has been 
asserted, that a perpetual law can in no in- 
stance be repealed by a temporary one ; for 
it is an undoubted principle ia law, that a 

«27th Geo. 3. c. 2. t29th Geo. 3» c. 4. 



474 

fltature, though tempornry in .some of its 
provisious, may have a perinaueut operalioa 
in other respects. Tliia point catne under 
discussion in the Court of King's Bench ia 
England, in 1803,* when tiie question wa» 
irhether the Statute 26, Geo. HI. c, 108, sec. 
27, which repealed the Stat. 19 Geo. IJ. c. 
35, having itself expired at the end of th» 
Session of Pailiameni, after June 1795, th» 
Btat. 19 Geo. II. did not revive ; and Lord 
Elicnhorough in delivering the opinion of 
the Court expresses himself thus, ** that 
*' would not necessarily ft)ilovv, for a law 
*' though temporary in some of its provision* 
•* may have a permanent operation in other 
•* respects. Tiie Slat. 26 Geo. III. c. 108, 
•* prof»-sses to repeal the Stat. 19. Geo. 11. 
" c. 35, abstjlutcly, thoufjh its <j\vn provis- 
•♦ ions which it suhstitutcd in t'uc place of il 
" were to he only temiioraj'y." 

With a view to the construction for which 
I formerly contended, it nwiy not be alto- 
gether unprofitable to compare the words of 
repeal as contained in the 26th George lU. 
cap. 108, with the words of repeal in our 
Provincial Statute to uhichi have already 
referred, — •' and he it further enacted by tha 
** authority aforesaid, tliat this Act shall 
,?.i cotnmence and take place upon Monday 
f*^.the 24th of June 1795, and from thenc« 
** to the end of the then next Session of Par- 
♦* liament. and that from and after the said 
** 24th July 1786, the said rtciiCd Acts of th« 

♦3, East, p. 206, ^Varrtn vs. Windlo. 



475 

•• 19th. 23r.?. 24th, 3l3t,32f! Geo. TT. and of 
•* th« 6th anrl 21st years of the Kei<;n of 
** hi* present Majesty, shall he, and is, and 
•' are herehy repealed." Words of repeal, 
which according to rny construction of them, 
ere in nowise more al)solute thrsn those con- 
tained in the Provincial Statute 34 Ceo* 
c. 4. Theuseoftiic words "this Act" itt 
the foregoing clause, aff(»rds an answer to 
much of the argument founded upon the case 
of tiie King vs. Rogers,* which has heen 
relied on as decisive of the question under 
consideration. That case so far, in niy opi- 
nion, fi'om over-rurniiig the principle for 
which I contended, goes directly to strength- 
en and con!ir:n it. Lord Elleidiorough ther^ 
said " It is a question of construction on eve- 
ry act professing to repeal or interfere with 
the provisions of a former law, whether ft 
operates as a toial or a partial and tempora- 
ry repeal. Here the question is whether 
the provisions of the Slat. 42 Geo. IIL 
which was originally perpetual he entirely 
repealed by flic 46th oftiie King,, or only re- 
pealed for a limited time. The last Act re-^ 
cites indeed that certain provisions of tho 
former Act shoidd he repealed; hut this 
word is not to he taken in an absolute, ifi{ 
appear upon the \vh<de Act to he uaeil in 9 
limited sense only." I trust enough hag 
been shewn, were it any longer an open 
question of construction, or were it necessa-. 
r? to justify tho o])iniou formerlj entertaia- 



*10, East, p. 569. 



476 

s^i by mo of the subject, that the rcpenl In 
ihe Statute of 1793, {34th George III.) wm 
Then cooternpialed as an absolute repeal. 
But the saroe Legislature iiaving subsequent- 
ly in 1803, (and it is upon thi^ ground alone 
that I yield my former opinion to which I 
must still have adhered whatever might havo 
been the consequences) taken from me tho 
right to inquire at present what might have 
been its true intention in 1793 by again re- 
pealing the Ordinances in question ; this Le- 
gislative interpretation of the clause of repeal 
ia the Statute ol 1793, must therefore havp 
tho effect to preclude me from putting any 
other or different interpretation upon the like 
words of repeal contained in the Statute of 
1803 which after being continued by various 
Statutes was suffered to expire on the 1st 
May, 1827. The supposed trespass for 
which the Plaintiff seeks to recover damages 
from the defendant in the present instance, 
being acts done in pursuance of the revived 
Ordinances, I am of opinion with the oiher 
Judges that it proved they do, in law, amount 
to a justification of the Defendant. 

Tackereau, J.— -This case falls within the 
principle of the cases cited by ti)e Defendant. 
It is evident that there w as no intention in 
the Legislature to repeal permanently tho 
Malitia Ordinances and that the words and 
good sense of tho several Statutes referred 
to require that construction. Therefwr© 
J43dgcaeDt must be for the Defendant. 



417 
. Vf. 



Bill to make further provision towards de^^ 
fraying; the Civil Expenditure of the PrO' 
viociai Government. 

Most GracioDfs Sovereign — Whkreas, by 
Messajce of His Kxcellency, Sir Jame> 
Kempt, Knight Grand Cross of the most 
Hononiable Miliiary Order of il;e Baih, and 
Admini^tralor of liie Government of Lower 
Canada, hearing date iht- lnt'nty-eij;hth <lajr 
of January, one tiumsand ei^ht liundied and 
twenty-nine, laid before both Houses of th« 
Legishiture, it appears that the funds alrea- 
dy appropriated by law are not adequato 
to defray the whole expenses of His Majes- 
ty's Civil Government of this Province, and 
of the Administration of Justice and other 
expenses tneuiioued in the said Message; 
and whereas it is expedient to make further 
provision towards defraying the same for 
the year commencing one thousand eight 
hunched and twenty-nine, and ending on the 
31st day of Decemh-er in the same year:— 
We, your Majesty's most faithful and loyal 
Buhje<ts, the Commons of Lower Canada, 
in Provincial Parliament assembled, most 
humbly beseech your Majesty that it may bo 
enacted, ami bo it therefore enacted, &c; 
And it is hereby enacted by the authority 
ofthesairie, that from and out of the unap- 
propriated monies which now are or hereaf- 
ter shall come into the hands of the Receiv- 
er General of the Province for the time be- 
ing, there shall be supplied ^ixd paid toiiviirds 



47S 

ilofraylng the expenses of the Administra- 
tion of Justice and of the support of the Civil 
Governnient in this Province, for the year 
commencing on the 1st day of January, 1829, 
and ending on tlieSlst day of December iu 
the same year, such sum or sums of money 
as together with the monies ah'eady appro- 
priated hy law for the said purpose, shall 
amount to a sum not exceeding £54,542 2s. 
6(1. sterling. 

II. And be it further enacted by the au- 
thority aforesaid, that the due application of 
the monies hy this act appropriated, shall be 
accounted for to his Majesty, his Keirs and 
Successors, through the Lords Commis- 
sioners of his Majesty's treasury for the time 
being, iu such manner and form as his Ma- 
jesty, his Heirs and Successors shall be pleas- 
ed to direct. 

, III. And he it further enacted by the au- 
thority aforesaid, tiiat a detailed account of 
the monies expended under the authority of 
this act, shall be laid before the Assembly of 
this Province, during the first fifteen days of 
the oext Session of the Provincial Parlia- 
ment. 

]VO. Vf ff. 

Aq Act to make further provision toward* 
defraying the Civil Expenditure of tho 
Provincial Government. 

22d March. 1825. 
Mo3T Gracious Sovkrkign, — Whereas 

k>y Message of his Excellency the Lieuteuaiit 



479 

Governor, bearinjij date the eighteenth day 
of February, one thousand eight hundred and 
twenty five, laid before both Houses of th» 
Legislature, it appears that the funds already 
appropriated by hnv are not adequate to de- 
fray the whole of the expenses of your Ma- 
jesty's Civil Government in this Province, 
and of the adiriinisiration of Justice, and 
other expenses mentioned in the said Mes- 
sage; and whereas it is expedient to mako 
further provision to\vards defraying thesama 
for the year commencing the first day of No- 
vember, one thousand eight hundred and 
twenty-four, and ending tlie thirty-first day 
of October, one ihoiisand eight hundred and 
iwenly-five; We, your Majesty's most duti- 
ful and loyal subjects, the Commons of Low- 
er-Canada in Provincial Parliairif nt assem- 
bled, m(jst liund)ly beseech your Majesty, 
that it may be enacted, and be it enacted by 
the King's most Excellent Majesty, by and 
with the advice and consr-nt of the Legisla- 
tive Council and Assembly of the Province 
of Lower-Canada, constituted and asi'tmbled 
by virtue of and under the authority of aa 
Act passed in the Parliament of Great-Bri- 
tain, intitled, " An Act to repeal certain parts 
of an Act passed in the fourteenth year of 
his Majesty's Reign, entitled, "An Act fcf 
making more efi'ectual provision for tho Gov- 
ernment of the Province of Quebec, in Nortli 
America, and to make further provision for 
the Government of the said Province;^* 
And it is hereby enacted by the authority of 
the same» that in additjoo to the reveuueft 



4S0 

ttppropriated for defraying the expensed of 
ihe administration of Justice, and f;;r ilie sup- 
port of the Civil Government of the Province, 

. there shall be supplied nod paid from and 
«ut of the unappropriated monies which now 
are. or hereafter may come into the hands 
of the Receiver Genera! of the Province for 
the time being, such sum or sums as maybe 
cecessary to make up and complete a sum 
not exceeding; fifty ei<^b.t thousand and se- 
veuty-fiuir pounds, two shillings and eleven 
pence, sterlinj;. fur the purpose of delV;i}ing 
the said ex{)enses of the civil Government 
of lliis Province, and of the administration of 
justice therein, and the other expenses of iho 
said year commencin;;^ the first day of No- 
vember, one thousand ei<;Iit hunrlred and 
t\Tenty-four, and ending the thirty- first day 
of October, one thousand ei{:,ht him<!jed and 
twenty-five, noi including; the sum or sums 
l>y Law provided for the support of wound- 
ed or disabled IVlilitia-men. nor the appro- 
priations made by th 1 Acts passed in tho 
third ^aar of his Majesty's reign, chapters 
third and ihirty-niuth. 

II. And be it further enacted by the au- 
thority aforesaid, that the due application of 
the monies by this Act appropriated, shall be 
accounted for to bis Majesty, his Heirs and 
{Successors, through tlie I^ords Commissicm- 

' ^rs of his Majesty's Treasury for the time 
being, in such manner and form, as his Ma- 
jesty, his IJeirs and Successors shall he pleas- 
ed to direct. 
IIL And be it further enacted by tbe avL" 



■ 4S1 

tboriry aforesaid thnt a detailed urfooritof 
the raooics expended iiiuler the authority of 
this act, shall bo laid before the Legislafur* 
during the first fifteen days of the siext se»° 
sion. 

' NO. Vllf. 

House of Assembly, November 2S, 1S28. 
r C. Yorke, Esq. Secretary to the Adrcinistratoi" 
of the Government, presented a Mcs age fiom hit 
Excellency, which was lead bv Mr. Speaker. 

James Kempt, — His Excellency the Adminis- 
trator of the Government avails himself of the 
earliest opportunity of conveying to the House, of 
Assembly, the following Communication, which h© 
has received the King's Commands to make, to 
the P:ovinc:al Parhament. 

in 'aying the same before the IIou?e cf Assem- 
bly, his Excellency is commanded by his Majesty 
to s'ate, that, his Majesty has received tco many 
proofs of the loyalty and atlachmtnt of his Can- 
adian Subjects, to doiibi: their cheerful acquies- 
cence in every effoit which his Majesty's Govern- 
ment shall make to reconcile past differences, and 
he looks forward with hope to a pe.icd, when, by 
the return of harmony, all branches of the Legis- 
lature will be able to bestow their undivided atten- 
tion on the best methods of advancing the proa* 
perity aid developing the resouices of the exten- 
sive an?] valuable Te ritories comprised within his 
Majesty's Canadian Provinces. 

With a view to the adjustment cf the question! 
in controversy, his Majesty's Government has 
communicated to his Excellency Sir James Kempt, 
its views en different branches of this impotiant 
subject ; bat as the complete settlement of th« 
aifaira of the Frovioce caouQt b)e effected but witli 



482 

the aid of the Imperial Parliament, the Instructions 
of bis Excellency are at present confined to tho 
discussion of those points alone, which can no 
longer be left undecided without extreme disad- 
vantage to the interests of the Province. 

Among the most material of those points, the 
first to be adverted to, is, the proper disposal of 
the Financial Resources of the country ; and with 
the view of obviating all future misunderstanding 
on this matter, his Majesty's Government have 
prescribed to his Excellency, the limits within 
■which his communications to the Legislature on 
this matter, are to be confined. 

His Excellency is commanded by his Majesty, 
Jx> acquaint the Houseof Assembly that the discuF.- , 
aions which have occurred for some years past, 
between the different blanches ofthfe Legislature 
of this Province, respecting the appropriation of 
the Revenue, have engaged his Majesty's serious 
attention, and tiiat he has directed careful inquiry 
to be made, in what manner these questions may 
be finally adjusted with a due regaid to the Pre- 
rogative of the Crown, as well as to their Consti- 
tutional Piivileges, and to the general welfare of 
his faithful subjects, in Lower Canada. 
/,35,500 ") His Excellency is further commanded 
5,000 I to state, that the Statutrs passed in the 
4,200 i 14th and 31st years of the Reign of his 

[late Majesty, have imposed upon the 

/.34,700 j Lords Commissioners of his Majesty's 

j Treasury, the duty of appropiiating tho 

produce of the Revenue g: anted to his Majesty by 
the first of these Statutes; and that, whilst tho 
law shall continue unaltered by the same authoiity 
by which it was framed, his Majesty is not author- 
ised to place the Revenue under the control ofth» 
Legislature of this Province. 
14th Geo. III. ) The proceeds of the Revenue 
35th Geo. III. ) ansing fiom the Act of the Impe- 
41st Geo. III. 3 rial Parliament 14th Geo. III. to- 



483 

gether with the sum appropriated by the Provin- 
cial Statute 35th Geo. III. and the duties levied 
under the Provincial Statutes 41st Geo. III. cap. 
13 and 14, rnay be estimated for the current year, 
at the sum of Z.34,700. 
Casual Revenue, /.3,000 ^ The produce of the 

Fines, &c. - 400 Casual and Territorial 

. Revenue of the Crown, 

1.3,400 ( and of Fines and For- 
J feitures, may be esti- 
mated for the same period, at the sum of /.3,400. 

These several sums making together the sum of 
/.33,100, constitute the whole estimated Revenue 
arising in this Province which the Law has placed 
at the disposal of the Crown. 

His Majesty has been pleased to direct that 
from this Collective Revenue of Z.38,100, the sala- 
ry of the Officers administering the Government of 
the Province, and the salaries of the Judges shall 
be defi-ayejd. But his Majesty being graciously 
disposed to mark, in the strongest manner, the 
confidence which he reposes in the hberahty and 
affection of his faithful Provincial Parliament, has 
been pleased to command his Excellency to an- 
nounce to the House of Assembly that no farther 
appropriation of any part of this Revenue, will be 
made until liis Excellency shall have been enabled 
to become acquainted with their sentiments, as to 
the most advantageous mode in which it can b« 
applied to the public service ; and it will be grati- 
fying to his Majesty, if the recommendation made 
to the Executive Government of the Province on 
this subject shall be such as it may be able with 
propriety, and with due attention to the interest 
and the efficiency of his 2^ajesty's Government to 
adopt. 

Plis Majesty fully rehes upon the Hberality of 
his faithful Provincial Parliament to make such 
further provision as the exigencies of the Publie 



4U 

Service ol ths Province (for which the amount of 
the Crowa Revenues above mentioned may prov» 
Jaadequate) may require. 

The balance of money in the hands of the Re- 
eeiver General, which is not placed by law at the 
disposal of the Crown, must await the appropria- 
tion wh.ch it may be the pleasure of the Provincial 
Legislature to make. 

His Excellency is further commanded by his 
Majesty to recommend to the House cf Assembly, 
the enactment of a law, for the indemnity of any 
Persons who have heietofore, without authority, 
signed or acted in obedience to wan ants for tho 
approp:iation to the pi blic seivice of any ur.appio- , 
priated monies of this Province. And his Majesty 
anticipates that they will, by an acquiescence in 
this recommendation, shew that they cheeifully 
concur with him in the cfibrls which he is new 
making for the estabhshment (fa pern antnt fccd 
understanding, between the difieient branches of 
the Executive and Legislative Gcverrrnent. 

The proposals which his Excellency has been 
thus instructed to make lor the aeljuslment cf the 
pecuniary affairs of the Pi evince, aie intended to 
meet the difficulties cf the ensuing year, ard he 
trusts they may be found effectual for that pnipcse. 

His Majesiy has, hcwever, further ccnnrarded 
his Excellency to acquaint the He use cf Assem- 
bly, that a seheme for the pe^ranent set lementof 
the Financial concerrs cf Lower Canada, is in con- 
templation, and his Majesty entei lairs no dti:bt 
of such a result being attainable as will picve con- 
ducive to the general welfare of the Pievince, tnd 
satisfactory to his fai hful Carcdian Si bjcct?. 

The complaints which have re-ached lis Majce- 
ty's Govemment rcepectirg the iracUqia'.e secu- 
rity heretofore f iven by the Receiver Gcrcial ard 
by the Sheriffs, for the due ajplicaticn cf the Fub- 
Bc Monies in their hands have net esctptd \htk 



485 

V5ry serioua attention of the Ministers of ths 
Crown. 

It has afipearcd to his Majesty's Government, 
that the most eltectiiai security against abuses in 
these departments, v/oitld be found in enforcing in 
this Province, a strict adherence to a system es- 
tabhshed under his Majesty's instructions, in other 
Colonies, for preventing the accumulation of bal-: 
ances in the hands of Pubhc Accountants, by 
obliging them to exhibit their accounts to a com- 
petent authority at short intervals, and immediate- 
ly to pay over the ascertained balance into a safe 
place of deposit ; — and in order to obviate the 
difficulty arising from the v.'ant of such place of 
deposit in Lower Canada, his Excellency is au- 
thorised to state that the Lords Commissioners of 
his Majesty's Treasury v/ill hold them-selves res- 
ponsible to the Province for any sums which the 
Receiver General or Sherifis may pay over to the 
Commissary General, and his Excellency is in- 
ptructcd to propose to the House of Assen:bly, the 
enactment of a law, binding those oiflcers to pay 
over to the Commissary General such balances, as, 
upon rendering their accounts to the competent 
autliority, shall appear to be remaining in their 
hands, over and above what may be required for 
the current demands upon their respective ciHces; 
— -such payments being made on condition that 
the Comimissary General shall be bound en de- 
mand to deliver Bills on his Majesty's Treasury 
for 'he am.ount of his receipts. 
« His Excellency is further instructed to acquaint 
the House of Assembly, that although it%vas found 
neceaary by an Act passed in the last session of 
the Imperial Parliament, 9th Geo. lY. cap. 76, sec. 
£G, to set at rest doubts which had arisen whether 
the statute for regulating the distribution betv/een 
the Provinces of Upper ard Lower Canada, of the 
duties of customs collected at Q^uebec, had not 



4S6 

been inadvertently repealed by the reneral terma of 
a late date : his Majesty's Gove.nment have no 
ilesire that the interference of Pa liamcnt ia this 
taatter should be perpetuated, if the Provincial 
Legislatures can themselves aff^ee upon any thing 
-for a division of these duties which may appear to 
be more convenient aid more equitable ; and on 
the whole of this subject, his Majesty's Gcvem- 
jnent will be happy to receive such information and 
assistance as the Letjlslative Council and Assem- 
bly of this Province may bo able to supply. 
> The appoiatraent of an Agent in England to in« 
dicate the \visies of the Inhabitants of Lower 
Canada, appearins? to b? an object of jrreat bo- 
licitude witli the Assembly, his Majesty's Govern- ' 
ment will cheeifully accede to the desire expressed 
by the House of Assembly upon this head ; pro- 
vided, that such Agent be appointed, as jn other 
British Colonics, by name in an Act to b3 passed 
by the Legislaive Council and Assombly, and ap- 
proved by the Executive Government of the Prov- 
ince ; And his Majesty's Givernment are persuad- 
ed that the Leglsla!:u e will not make such a selec- 
tion, as to imp")se on the Government, the painful 
and invidions daf:y of rej:?cting the Bill on the 
j^round of a ly persDnal objection to the proposed 
i&f^ent. 

His Majesty's Government is further willing to' 
consent to the abolition of the Office of Agent aa 
it i.i at pre'33nt consritutcd, but it is trusted that 
the libora'ity of the Plouse of Assembly will in* 
^amnif the p esent holder of this Office, to who»ie 
conduct in that capacity no objection appears ever 
to have been made. Indeed, without pome ade« 
quate indemnity beinrr provided for him, it woul4 
not b:; conpatib'e Avilh justice, to consent to the 
immediate ab olinon of his Office. 

Ilia Majesty's Government being very sensible. 
of tk'i great iaconvenicnc® wnicli had beco suS" 



tained, owing to the large tracts of lands which 
have bsen saffjred to reinain in a waste and un- 
improved condition, in consequence of the neglect 
or the poverty of the grantees, it has appeared to 
his Maj* sty'3 Government to be desirable that the 
laws in foice in Upper Canada, for levying a Tax 
upon wild land, on which the setdement Duties, 
had not been peifoi'med, should be adopted in thi* 
Province, and his Excellency is instructed to preg«i 
this subject on the attention of the House of A»» 
sembly with that view. 

The attention of his Majesty's Government ha» 
also been drawn to several other important Tc-^ 
pics ; among which may be enumerated, tha 
mischiefs which are said to result fiom the system 
of tacit mo tagos effected by general acknowl- 
edgment of a debt before a Notary ; the objec- 
tionable and expensive forms of con\'eyancing eaid 
to bo in use in the Townships ; the neces?ity of a 
Rogistratipn of Deeds ; and the want of prcpei' 
Courts for the decision of causes arising m thft 
Townships. — Regulations affecting matters of this 
nature can obviously be most eftectually rr_ade b/ 
the Piovincial Legislature; and his Excellency is 
commanded to draw the attention cf the House of 
Assembly to these subjects, ts matters requiring 
their eaily and most setious attention. 

In conclusion, his Excellency has been com- 
rnanded to state, that his Majesty relies for aa 
amicable adjustment of the varicus qucetions v/hidi 
have been so long in dispute, upon the kyaUy and 
attach. nent hitherto evinced hy his Majesty's Can- 
adian subjects, and on that cf the Proviicial Far- 
.liament ; and that his Majesty enterfaina n-a 
doubts of the cordial concun'ence cf the House of 
Assembly in all measures calculated to promcte 
Jhe common good, in whatever quarter euca meaa- 
urea may happen to sagiaatc. 



488 



Protests against the passing of the Supply 
Bill, for 1829. 

Dissentieot. — 1. Because His Excellencf 
the Administrator has asked of the Assembly 
a sum not exceeding £24,028 10 9 iu aid 
of the Revenue at t!ie disposal of the Crown, 
and that body had passed a Bill of aid and 
supply, whereby the whole perinaaant Rev- 
enue is rrjixed and blended with unappropri- 
ated monies and though ostensibly a much 
larger sum than £24028 is thereby given, yet' 
i'n point of fact the Assembly has granted for 
the limited space of one year no larger sum 
than £16,342 2 6 in aid of the permanent 
Revenue at t'le disposal of his Majesty. 

2. Because, whatever may appear to he 
the obvious construction of the words of this 
Bill, the Assembly having used the same 
words in an Act which passed the Legisla- 
ture in the year 1825, which received an ex- 
position, according to wliat was conceived 
to be the icternion of the Assembly, and 
whereby some of tlie Public Servants,, who 
had been loug paid from the permanent 
Revenues were deprived of their salaries, it 
cannot ninv be presumed that any other in- 
terpretation wili be put on this Bill thrui that 
which was g,iven to the Act of the year 1825. 

3. Because, by this Bill the Assembly as- 
sumes to itself a right of disposing of a rev- 
e?xue exceeding £38,000 per annum, arising 
as well from the Briti-^h Statute, 14 Geo. 
III. as the Provincial Statutes 35 Geo. I! I. 



4S9 

mnd 41 Geo. III. ns the hereditary RerasD«t^ 
of the Crowo, which arc at the exclusive di«- 
posal of his Majesty for the raaiotenaqce of 
jiis Goveraraent and the due admiaistratioi 
of the law. 

4. Because, the Assembly in its frequent 
Attempts to obtain the disposal and manage^ 
snent of these Revenues, is deeply impressed 
with an opinion that its authority and influ- 
ence will be increased in the same propor- 
tion as the authority of the Crown in thif 
province will be thereby circnmscribed. 

5. Because, the Assembly has thus in part 
achieved its plan of wresting from the Crowa 
the means to carry into effect its agreementi 
ivith the Puhlic Servants, who are engaged 
toserve during their lives or good hehavioun 

6. Because if the practice now attempted 
to pass annual Bills of a similar nalureshould 
prevail, all the officers of Government will 
thereby become dependents on the Assem- 
bly, subject at the end of twelve months ts 
be deprijed of their salaries, as the ploasur»> 
or caprice of that body may dictate. 

7. Because by the operation of ihis Bill 
the incomes of twenty-eight Tuhlic Servautt 
who are not, considering the labour and re- 
sponsihiliiy aitached to their offices, ade- 
quately paid, u ill he dimitnsjied and some of 
whom, after years of Public Service be de- 
prived of a livelihood. 

8. Because it has been quaint'y said that 
•• certainty is the mother of p^uiei and re- 
pose," and. persisting to grant the salariea 
of all tbo uSirersof thQCivU GuveramQut («. 



490 

«Q Annual Act, the Assembly will perpetu- 
ate that disquietude, which this Provinc© 
lias unhappily laboured under for many years. 

9. Because if the entire disposal of the 
porinaoent Revenue of the Crown should bo 
resigned to the Assenfibly, the Legislative 
Power will thereby obtain means to obstruct 
tho operations of the Executive Government 
at the conclusion of every succeeding year. 

Lastly, Because the words of the third 
clause namely, " a detailed account of tha 
Kionies expended under the authority of thia 
Act shall be laid before the Assembly" are a 
departure from the ancient and accustomed 
similar clause, which has heretofore invari- 
ably provided that such account should be 
rendered to both Houses of the Provincial 
Legislature, and a clause so conceived is 
therefore an infringement on the rights and 
privileges of this House. 

T. Coffin, Edwd, Bowen, J. Kerr, J. Stew- 
art, W. B. Fellou, Matthew Bell, 

Dissentient. — For the above reasons and 
rIso because in our opinions this House ought 
Dot to concur in a Bill Jo which the King'? 
Representative cannot assent without sac- 
rificing the rights of his Majesty, to distrib- 
ute the Revenue at the disposal of the Crown, 
and this House has no assurance that hia 
Majesty has consented to waive the exercise 
of that right, but on the contrary there ex- 
ists OQ the Journals of this House sufficient 
evidence to prove that his Majesty's instruc- 
uoua to his representative iu this FroviucB 



491 

prohibit him from giving the Royal asseisi 

to a similar Act. 
Because the Bill contains a clause which 

BS unusual, uncoostirutional and destructiv* 

of the rights of this House. 
W. B, Feltou, Matthew Bell, Edwd. 

Bowen. 
Dissentient.— 1. Because this Bill containt 

B clause which is unusual, unconstitutional, 

and destructive of the rights of this House. 

2. Because the decision of the House at 
ihewn hy the division on the question, v/at 
against the passing of the Bill; the non-con- 
tents heiog eight in number and the content* 
seven, exclusive of the Speaker, and th« 
questions having been carried in the affirma- 
tive only by the Speaker in the chair giving 
a vote as a member and then as his casting 
vote, a practice which is at variance with 
the usage of the Imperial Parliament, and 
in our opinion is not authorised by the Ac8 
31 Geo. in. cap. 31, which g;ives the Speak- 
er of the Legislative Council and Assembly, 
only a casting vote. 

W. B. Felton, J. Kerr, Matthew Bell, 
Thos. Coffio, Edwd. Bo weo, John Stewart, 



LIBRARY OF CONGRESS 




017 397 992 7 



